Effective Date: 30 April 2019
Last Updated Date: 21 July 2021
PLEASE READ THIS USER AGREEMENT (THE “AGREEMENT”) CAREFULLY. THIS AGREEMENT IS A LEGAL CONTRACT BETWEEN YOU (“USER” OR “YOU”) AND CARGOSENSE, INC. (“COMPANY”).
As the owner or legal caretaker of the below-referenced pet(s) (“your pet(s)”), and in consideration of your use of any of the products or services associated with the Maven PT platform (“Platform”), you agree to all terms and conditions in this Agreement. The Platform includes, but is not limited to (1) the Maven Tracker website located at http://www.maventracker.com (“Website”); (2) the Maven Tracker mobile application (“Application”); and (3) any hardware, software or other products or services furnished by or on behalf of Company in connection with your use of the Website or Application. If you do not agree to be bound by this Agreement, you may not access or use the Platform; your use of the Platform constitutes your acceptance of and agreement to be bound by the terms of this Agreement.
As provided in greater detail below, and without limiting anything set forth in this Agreement, you acknowledge and agree to the following:
You fully release Company and its partners and licensors of the Platform from all claims you have or may have against them arising out of or in connection with your use of the Platform;
While the Platform provides information regarding your pet’s transportation, such information will be provided in real time only when cellular service can be received and may otherwise be delayed until cellular service is regained;
During an airline flight, in accordance with airline regulations, the Maven PT sensor will disable real time tracking; provided, however, that Company will make available a visual graph image of the flight’s progress, pulled from the airline’s own flight tracking application, until the sensor is enabled upon the flight’s landing;
While the Platform may allow you to communicate directly with your pet’s transportation provider, Company cannot and does not intervene with a transportation provider mid-trip; and
To the fullest extent permitted by law, the Platform is provided “as is,” and Company makes no promises that the Platform will be error-free.
A. Account Creation.
In order to use the Platform, you must register for an account (“Account”) and provide certain information about yourself as prompted by the account registration form. You represent and warrant that: (a) all required registration information is true, accurate, current, and complete; and (b) you will maintain and promptly update such information to keep it true, accurate, current, and complete.
B. Account Responsibilities.
You are responsible for maintaining the confidentiality of your Account log-in information and are fully responsible for all activities that occur under your Account. You agree to immediately notify Company of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security. Company is not liable for any loss or damage arising from your failure to comply with the foregoing requirements. You understand that you may not allow persons or any animals, except for your pets that are registered to your Account, to use the Platform. You may not transfer to or share your Account with any other individual unless that individual is registered as an additional caretaker on your Account.
C. Third Parties.
Your interactions with third parties involved in the provision of the Platform (e.g., an airline company) are solely between you and such third parties. You agree that Company will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any such third party, Company is under no obligation to become involved.
2. ACCESS TO THE PLATFORM.
A. Appropriate Use.
You understand that you may access and use the Platform solely for your personal, non-commercial use. Appropriate use includes (1) using the Platform to locate your pet(s) and view the status of their transportation; and (2) using the Platform to view the environment your pet(s) experienced during their transportation.
B. Restrictions/Prohibited Acts.
The following acts are expressly prohibited under this Agreement. Engaging in any of these acts is grounds for Company to terminate your access to the Platform:
i. Violation of Law.
You understand that you may not violate any applicable federal, state, or local law or regulation in connection with your use of the Platform.
ii. General Misuse.
You understand that you may not use the Platform in a negligent or abusive manner or for any use outside the scope of Section 2.A.
iii. False and/or Misleading Information.
You understand that you may not use the Platform if you have provided Company with false and/or misleading Account information.
iv. Malignant Intent.
You understand that you may not use the Platform if your intent is to malign, or otherwise damage the reputation of Company or its parents, affiliates, officers, employees, agents, partners and licensors. Company has the right to pursue remedies for your breach of this Agreement, including, but not limited to, the right to pursue damages.
You understand that you are prohibited from violating, or attempting to violate, the security of the Platform. Any such violations may result in criminal and/or civil penalties against you, as well as the termination of your access to the Platform, at Company’s sole discretion. Company reserves the right to investigate any alleged or suspected violations and, if a criminal violation is suspected, refer such suspected violation to the appropriate law enforcement agencies and cooperate fully with such investigations, including, but not limited to, the disclosure of any or all of your activities on or related to the Platform.
vi. Intellectual Property.
You understand that you may not undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of any aspect of the Platform or any part thereof, or attempt to do any of the foregoing, except and solely to the extent permitted by law, or otherwise attempt to use or access any portion of the Platform other than as intended by Company.
THE FOREGOING LIST IS NOT EXHAUSTIVE AND ANY UNREASONABLE OR INAPPROPRIATE USE OF THE PLATFORM, AS DETERMINED BY COMPANY IN ITS SOLE DISCRETION, WILL BE DEEMED A BREACH OF THIS AGREEMENT.
Company reserves the right, at any time, to modify, suspend, or discontinue the Platform, in whole or in part, with or without notice to you; provided, however, that Company will make commercially reasonable efforts to provide notice if the modification, suspension or discontinuation of the Platform is within Company’s control. You agree that Company will not be liable to you for any modification, suspension, or discontinuation of the Platform or any part thereof.
D. No Support or Maintenance.
You acknowledge and agree that Company has no obligation to provide you with any support or maintenance in connection with the Platform, although Company will make commercially reasonable efforts to support and maintain the Platform.
You agree to indemnify and hold harmless Company, its parents, affiliates, officers, employees, agents, partners and licensors from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) arising out of or relating to (a) your use of the Platform; (b) your violation of this Agreement; or (c) your violation of applicable laws or regulations. Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Company in asserting any available defenses.
You hereby release and forever discharge Company, its parents, affiliates, officers, employees, agents, partners and licensors from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability action and cause of action of every kind and nature, including those relating to damage, illness, injury, death and/or escape, that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Platform.