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Petschedule, Inc. Subscription Agreement

BEFORE YOU USE THE SERVICE SUBJECT TO THIS SUBSCRIPTION, PLEASE READ THIS DOCUMENT CAREFULLY. THIS IS A LEGAL AGREEMENT BETWEEN PETSCHEDULE, INC. AND WHICH GOVERNS YOUR USE OF PETSCHEDULE.COM, OUR ONLINE PET SCHEDULING APPOINTMENT SOFTWARE SERVICE. WARNING: PETSCHEDULE.COM IS PROTECTED BY COPYRIGHT LAWS AND INTERNATIONAL COPYRIGHT TREATIES, AS WELL AS OTHER INTELLECTUAL PROPERTY LAWS AND TREATIES. UNAUTHORIZED REPRODUCTION OR DISTRIBUTION OF THE SOFTWARE, OR ANY PORTION OF IT, MAY RESULT IN SEVERE CIVIL AND CRIMINAL PENALTIES, AND WILL BE PROSECUTED TO THE MAXIMUM EXTENT POSSIBLE UNDER THE LAW.
THIS SOFTWARE IS LICENSED, NOT SOLD.

Purchased Services and Payment Terms.
A. For so long as you are a customer of Petschedule, Inc. and paying the monthly fee as required by this Agreement, Petschedule, Inc. grants to you a non-exclusive right to use the services, subject to the restrictions set forth in this Agreement and any other restrictions communicated by us in writing.
B. You shall choose the service plan to be provided by us under the terms and pricing set forth at: http://www.petschedule.com/pricing.php
C. By signing up for the service, you agree to pay on a monthly or yearly basis the fees designated for the service plan selected by you.
D. Your subscription will continue to automatically renew at the fee rate applicable to the service plan which you have selected, unless terminated by Petschedule, Inc. or until you notify us of your decision to cancel your subscription to the services.
E. Payments must be made by a major credit card (VISA, MasterCard, and American Express). Your Billing Date will be determined the date you register for paid service. Each month, you will be charged in advance for the subscription on the same date or the closest date that occurs within that month.

Cancellations and Refunds
A. You may cancel your subscription at any time.
B. There are no refunds offered on monthly plans.

Service Implementation and Registration.
A. We may suspend your services in the event we find any use of misconduct. Such suspension shall remain in effect until you correct any issues specified by Petschedule, Inc. and a suspension shall not relieve you of your payment obligations under the Agreement. B. You agree to provide us with current, complete and accurate registration information for the services and to maintain and properly update such information. C. You agree to provide true, accurate, current and complete information about yourself as prompted by the service registration process. You further agree that, in providing such registration data, you will not knowingly omit or misrepresent any material facts or information and that you will promptly enter corrected or updated registration data via the service, or otherwise advise us promptly in writing of any such changes or updates. You further consent and authorize us to verify your registration data as required for your use of and access to the service. Once you have selected a plan of service, you shall receive a unique username and password in connection with your account. You agree that you will not allow another person to use your username to access and use the service under any circumstances. You are solely and entirely responsible for maintaining the confidentiality of your username and password, and for any charges, damages, liabilities or losses incurred or suffered as a result of your failure to do so. We are not liable for any harm caused by or related to the theft of your username, your disclosure of your username, or your authorization to allow another person to access and use the service using your username. Furthermore, you are solely and entirely responsible for any and all activities that occur under your account including any charges incurred relating to the service. You agree to immediately notify us of any unauthorized use of your account or any other breach of security known to you. You acknowledge that the complete privacy of your data and messages transmitted while using the service cannot be guaranteed.

Service Use and Limitations.
A. We will make reasonable efforts to keep the Petschedule.com operational 24 hours a day/7 days a week, except for: (i) planned downtime (of which we will provide at least 8 hours prior notice); or (ii) any unavailability caused by circumstances beyond our control, including but not limited to, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems or Internet service provider failures or delays.

Ownership.
Subject to the limited rights expressly granted hereunder, we reserve all rights, title and interest in and to the services, including all related intellectual property rights. No rights are granted to you hereunder other than as expressly set forth herein. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the services, use of the services or access to the services without the express written consent of Petschedule, Inc. The look and feel of the services is Copyright © 2011- Petschedule, Inc. All rights reserved. You may not duplicate copy or reuse any portion of the visual design elements without the express written consent of us.

Termination.
You may terminate this Agreement at any time by completing the online termination process, available by clicking "Cancel Account" in the 'My Account' section and ceasing all use of the service. We may terminate this Agreement, at any time, without notice to you, if we believe, in our sole judgment, that you have breached or may breach any term or condition of this Agreement. You agree that termination of this Agreement will not relive you of any obligation to pay any accrued charges. You shall be charged the full amount of the fee for the month in which the services were terminated. All sections which by their nature should survive the expiration or termination of the Agreement shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement.

Limitation of Liability.
EXCEPT FOR THE INDEMNIFICATION OBLIGATIONS OF THE PARTIES SET OUT HEREIN, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY ON ACCOUNT OF ANY CLAIM (WHETHER BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, THE FAILURE OF ANY LIMITED REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE) FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR THE INDEMNIFICATION AND CONFIDENTIALITY OBLIGATIONS OF THE PARTIES SET OUT HEREIN, IN NO EVENT SHALL EITHER PARTY'S LIABILITY EXCEED AN AMOUNT EQUAL TO THE FEES PAID BY LICENSEE UNDER THIS AGREEMENT. IF YOU ARE DISSATISFIED WITH THE SOFTWARE YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SOFTWARE.

Warranty.
WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SERVICES, SUPPORT SERVICES OR ACCURACY, COMPLETENESS, OR SUITABILITY OF ANY OF THE MATERIAL CONTAINED WITHIN THE SERVICES AND WE MAKE NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR COMPATIBLE WITH ANY HARDWARE OR SYSTEMS SOFTWARE CONFIGURATION.

Indemnification.
You agree to defend, indemnify and hold us harmless from and against any and all liability, loss or damage, cost or expense, including but not limited to court costs, attorneys' fees, and any awards or damages caused by, relating to or incident to your use of the service.

Governing Law.
This Agreement will be governed and construed in accordance with the laws of the State of Florida without regard to its rules governing conflicts of law. Exclusive jurisdiction for any dispute with Petschedule, Inc., or in any way relating to this Agreement, resides in the courts of the State of Florida and Licensee submits to the personal jurisdiction of, and venue in, such court(s).

Miscellaneous.
This Agreement, the web site policies associated with our site through which the service is accessed and all applicable forms constitute the entire agreement between the parties relating to the service and supersede all prior or contemporaneous oral or written communications with respect to its subject matter. The waiver of any breach of this Agreement by either party shall not constitute a continuing waiver or a waiver of any subsequent breach of this Agreement. If any term or provision of this Agreement shall be held invalid or unenforceable, the remainder of this Agreement will not be affected and each such term or provision of this Agreement shall continue to be valid, binding and enforceable to the fullest extent permitted by law. Nothing in this Agreement shall prohibit Petschedule, Inc. from furnishing the service to others, including competitors of you.