Last update : March, 13 2017
These Terms of Service (“Terms of Service”) and the Single Use End User License Agreement (“License“, and together with the Terms of Service, the “Terms” ) describe the terms and conditions under which Jagger & Lewis offers you certain services and a limited license to use our proprietary software, as further described below.
Jagger & Lewis (“us”, “we”, or “our”) designs products that monitor pet health & lifestyle (the “Devices”), operates http://www.jagger-lewis.com/ (individually the “Website” and collectively with its sub-domains, the “Websites”), the Jagger & Lewis mobile applications (each an “App” and collectively the “Apps”). The Devices, Websites and Apps are collectively referred to as the Jagger & Lewis “Service” or Jagger & Lewis “Platform”.
Services / Shall include the following features:
• Processing data points, which were measured by the Device and their automatic transmission to Jagger & Lewis’ server through the supplied internet-connected gateway.
• Producing reports (representing historical measurements as were taken from Device).
• Sharing of welfare information with you.
• Generation of activity level reports
• Providing recommandations, advices, notifications and alerts on our mobile application
Any new features or tools which are added to our platform shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
You acknowledge that any information provided via the Services or Software is for informational purposes only and is not intended to replace the relationship between you and your pet’s veterinarian or any other medical provider. Jagger & Lewis patform is not a licensed medical care provider and has no expertise in diagnosing, examining, or treating animals’ medical conditions of any kind, or in determining the effect of any activity on an animal’s medical condition. Never disregard professional medical advice or delay in seeking it because of information you receive in connection with the Device.
DESCRIPTION AND USE OF SERVICES
The Services are meant to be used in conjunction with the Device and Software. The Services are intended to record the following health-related parameters of the animal wearing the Device: (i) heart, (ii) respiration, (iii) body temperature, (iv) movement, and (v) position (the “Measurable Parameters”). Jagger & Lewis platform then analyses and stores this information and perform historical data analysis. It being clarified, however, that the use of the Services is intended for informational purposes only. JAGGER & LEWIS IS NOT ENGAGED IN PROVIDING NOR DOES JAGGER & LEWIS PURPORT TO PROVIDE OR REPLACE PROFESSIONAL MEDICAL EXAMINATIONS, ADVICE, TREATMENT, OR CLINICAL RECOMMENDATIONS.
You acknowledge that Jagger & Lewis is not a licensed health care provider and that the use of the Services is not a substitute for independent medical decision making by a qualified veterinary physician. You are solely responsible for your own conduct with respect to your pet’s medical needs and any reliance upon the Device or the Software shall not diminish your responsibility to consult with licensed practitioners for any diagnoses, treatments, monitoring and other health-related needs.
Veterinary physicians and other healthcare professionals who use the Services should exercise independent clinical judgment as to the information they provide, and not rely on the Services or information derived therefrom as a conclusive source for diagnosis. Consumers who use the Services do so at their own risk. If your pet has any type of medical condition, you are specifically cautioned to seek professional medical advice for it.
You should understand that when your dog participates in any exercise or exercise program, there is the possibility of animal or human physical injury and/or death. If you think you may have a medical emergency, call your veterinarian immediately. Dogs who are prone to ingesting or chewing physical objects should not use the Service unless such use is directed and closely monitored by a veterinarian. By using the Service, you represent that you have received consent from your veterinarian to participate in the Service.
We are not responsible for any health problems that you or your dog may develop resulting from training programs, products, or events you learn about through the Service. If you or your dog engage in an exercise program you receive or learn about through the Service, you agree that you do so at your own risk and are voluntarily participating in these activities.
The Services will only work if the Device’s battery is charged, the Device is properly fastened to the animal, and the Device comes in contact with the wifi gateway multiple times per day. The Services monitor the Measurable Parameters over time analyzing the data and searching for irregularities. Due to the intermittent monitoring and uploading of the Measurable Parameters, the Services may not be relied upon for receiving alerts in case of emergencies.
Online store terms
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Accuracy, completeness and timeliness of information
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Modifications to the service and prices
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Contests, Sweepstakes and Promotions
Products or services
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Full use of the Service requires compatible Jagger & Lewis products, Internet access, and certain software; may require periodic updates; and may be affected by the performance of these factors. The Service is not a guaranteed part of any third party product or service offering, and no purchase or obtaining of any third party product or service shall be construed to represent or guarantee you access to the Service.
Accuracy of billing and account information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You are responsible for maintaining the confidentiality of your Account and password, including but not limited to restricting access to your computer and/or Account. You agree to accept responsibility for any and all activities or actions that occur under your Account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your Account.
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Third party links
Certain contents, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
User comments, feedback and other submissions
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Disclaimer of warranties
You expressly acknowledge and agree that, to the extent permitted by applicable law, use of the Services, Device and Software is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you. To the maximum extent permitted by applicable law, the Device, the Software and any services are provided “as is” and “as available”, with all faults and without warranty of any kind, and Jagger & Lewis hereby disclaim all warranties and conditions with respect to the Device, the Software and Services, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, and non-infringement of third party rights. No oral or written information or advice given by Jagger & Lewis or an authorized representative thereof shall create a warranty.
Jagger & Lewis does not warrant against interference with your enjoyment of your Smartphone, the Device, the Software or the Services, that the functions contained therein will meet your requirements, that the operation of the Device, Services or Software will be uninterrupted or error-free, that any Service will continue to be made available, that defects in the Services, Device or Software will be corrected, or that the Services Device or Software will be compatible or work with any third party software, applications or third party services. Note that use and installation of the Device or the Software may affect the usability of third party software, applications or third party services.
You further acknowledge that the Services are not intended or suitable for use in situations or environments where the failure or time delays of, or errors or inaccuracies in, the content, data or information provided by the Services could lead to death, injury, or severe physical or environmental damage.
The Services operate on a periodic basis. Every certain amount of time, the Device will attempt to transmit data to the Jagger & Lewis servers. Jagger & Lewis cannot guarantee that the transmittal of data will be successful every time, nor that the data transmitted will include any or all of the Measurable Parameters as there are many variables that can interfere with the measurement of the Measurable Parameters and the transmission hereof.
Except as provided for in Jagger & Lewis’s product’s Limited Warranty policy, should the Device, the Software or services prove to be defective, you assume the entire cost of all necessary servicing, repair or correction. In such jurisdictions which do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, the above exclusion and limitations will not apply.
The Service and its original content (excluding User Content), features and functionality are and will remain the exclusive property of Jagger & Lewis and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Jagger & Lewis.
You may not reproduce, distribute, modify or create derivative works of, publicly display (including by framing any content), or commercially exploit any part of the Service except as necessary to view the content therein and to create a reasonable number of copies of portions of such content (without modification) for your personal, non-commercial use.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Jagger & Lewis Inc. its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
You agree to indemnify, defend and hold harmless Jagger & Lewis and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
You can simply deactivate your Account by contacting us
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of France
Changes to termes of service
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
If you have any questions about this Term of service, please contact us.
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