PetBizCRM™ Terms of Use

Effective as of February 12th, 2024 ​

The following Terms and Conditions are entered into by and between you (“You” or “the User”) and PetBiz University™, LLC
DBA PetBizCRM™ (“Company”, “we”, or “us”) (the User and the Company are collectively the “Parties”). By using PetBizCRM™, You agree to be bound by these terms.

THIS IS A LEGAL AGREEMENT. BY CLICKING THE “I AGREE” (OR SIMILAR) BUTTON THAT IS PRESENTED TO YOU WHEN YOU SUBSCRIBED TO PETBIZCRM™ OR FIRST USED THE SOFTWARE, YOU BECOME PARTY TO THIS AGREEMENT AND BECOME BOUND BY ALL THE TERMS AND CONDITIONS SET FORTH HEREIN.

IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT ACCEPT THEM, CREATE AN ACCOUNT, OR USE THE PLATFORM. IN THE EVENT OF A CONFLICT BETWEEN THESE TERMS OF SERVICE AND THE ADDITIONAL AGREEMENTS INCORPORATED HEREIN BY REFERENCE, THESE TERMS OF SERVICE SHALL PREVAIL.

PetBizCRM™ reserves the right to make changes to these Terms at any time. All changes are effective immediately when posted. Your continued use of PetBizCRM™ following the posting of any revised Terms constitutes your acceptance and agreement to the updated Terms.

THE SOFTWARE

The Company has created a product called PetBizCRM™ (“the Software”). The Software operates as a software as a service (“SaaS”) product, which registered users access via the internet. The Software shall collectively include third party software products and additional proprietary educational and automation property owned by PetBiz University™, LLC. The Software provides online business owners with marketing and customer relationship solutions and education. The features available in the Software will change over time, and the features that any particular user may access will be defined by their subscription level.

SOFTWARE ACCOUNT OWNERSHIP

Your use of the Software is conditioned on your provision of complete, current, and accurate information when registering for a Software Account. The Software is intended for business use or in connection with an individual’s trade, craft, or profession. As the individual who accepts these Terms, You are the owner of the Software Account unless You are acting on behalf of a business entity, in which case, the business entity is the owner of the Software Account. If You accept these Terms on behalf of a business entity, You represent and warrant that you have the authority to bind the business entity to these terms.

AGE RESTRICTIONS

You must be at least 18 years old to use the Software. By accepting these Terms, creating a Software Account, or using the Software, you represent that you are at least 18 years old. You must not create a Customer account unless you are at least 18 years of age. If you are a parent or legal guardian permitting a person who is at least 13 years of age but under 18 years of age (a "Minor") create a Customer account and/or use the Software, you agree to: (i) supervise the Minor’s use of the Software and their account; (ii) assume all risks associated with, and liabilities resulting from, the Minor’s use of the Software and their Customer account; (iii) ensure that the content on the Software is suitable for the Minor; (iv) ensure all information submitted to us by the Minor is accurate; and (v) provide the consents, representations and warranties contained in the Terms on the Minor’s behalf.

INTENDED USE

You and your customers may use the Software only as intended for lawful purposes and in accordance with these Terms. You agree that You and Your customers will not use the Software in any way that violates any applicable law or regulation or engage in any Prohibited Uses. In addition, you represent and warrant that: (i) You and Your customers will maintain in effect all licenses, permissions, authorizations, consents, and permits necessary to carry out the obligations under these Terms; (ii) You are fully responsible for your actions and the actions of your employees, agents, and customers who use of the Software; (iii) You are fully responsible for the use of the Software by your customers; (iv) You, your employees, agents and customers will not misrepresent the Software or the Services; (v) You will provide these Terms to your employees, agents, and customers and confirm that all employees, agents, and customers understand that they are subject to these Terms if they use or offer access to the Software; (vi) You own or control all rights in and to all content you provide to PetBizCRM™, including, but not limited to, all data entered on behalf of your customers in the Software; (vii) You will be solely responsible for your use of the Software, including the quality and integrity of any data and other information, including Information, made available to us by or for you through the use of the Software; and (viii) You, your employees, and your customers will provide reasonable cooperation regarding information requests from law enforcement, regulators, or telecommunication provider.

PRIVACY

By using the Software and providing Information on or through the Software, you consent to PetBizCRM’s™ use and disclosure of the Information in accordance with the Privacy Policy available here and incorporated herein by reference. You agree that PetBizCRM™ has no responsibility or liability for the deletion or failure to store any Information or content maintained or transmitted on or through the Software. When you provide your customers with access to the Software, you must implement and enforce your own Privacy Policy, providing the level of protection at least equal to that provided to you by PetBizCRM™. You must obtain consent from your customers, affirmatively acknowledging that your customers agree to be bound by your privacy policy. You represent and warrant that you have provided, and will continue to provide, adequate notices and have obtained, and will continue to obtain, the necessary permissions and consents to provide your customers’ data to us for use and disclosure in accordance with these Terms and our Privacy Policy.

LOGIN CREDENTIALS

You are responsible for maintaining the confidentiality of your Login Credentials. You are responsible for all uses of your Software Account and Login Credentials, whether or not authorized by you. You agree to notify PetBizCRM™ immediately of any unauthorized access to or use of your Software Account or Login Credentials or any other breach of security. PetBizCRM™ l reserves the right to disable your Login Credentials at any time in its sole discretion for any or no reason, including if, in PetBizCRM’s™ opinion, you have violated any provision of these Terms. Software Accounts are non-transferable. You are obligated to take preventative measures to prohibit unauthorized users from accessing your Software Account with your Login Credentials.

USE OF COMMUNICATION SERVICES

The Software may include certain communications features such as SMS, MMS, email, voice call capabilities and other methods.  If You use these features, You agree that You are exclusively responsible for all communications sent using the Software, including compliance with all laws governing those communications such as the Telephone Consumer Protection Act (“TCPA”) and the CAN-SPAM Act. You represent and warrant that you understand and will comply with those laws.  PetBizCRM™ is not responsible for your compliance with laws and does not represent that your use of the Software will comply with any laws.  PetBizCRM™ is built on HighLevel, which is a technology platform communication service application provider ONLY.  PetBizCRM™ and HighLevel do not originate, send, or deliver any communications to any recipient via SMS, MMS, email, or other communication method.  You control the message, timing, sending, fraud prevention, and call blocking. All communications, whether SMS, MMS, email or otherwise, are created by and initiated by you and/or your customers, whether generated by You or sent automatically via the Software at Your direction.

THIRD PARTY SERVICES

The Software may leverage or include access to Third Party Services. PetBizCRM™ is not responsible for the usability or accessibility of Third Party Services. If you elect to pause or delete some or all of your Software Account, certain features or functionality (such as phone numbers or email services) may not be retrievable upon reactivation. If you pause some or all of your Software Account for more than thirty (30) days, and PetBizCRM™ is still incurring costs on your behalf related to Third Party Services (such as the costs of securing a particular phone number on your behalf), PetBizCRM™ reserves the right to release the phone number or delete some or all of your Software Account in its sole discretion, without liability. PetBizCRM™ disclaims all liability related to outages or downtime of Third Party Services including HighLevel services.

THIRD PARTY CONTENT

The Software includes Third Party Content. Your use of Third Party Content is entirely at your own risk and discretion. All statements and opinions expressed in Third Party Content are solely the opinions and the responsibility of the third party and do not necessarily reflect the opinion of PetBizCRM™. PetBizCRM™ is not responsible for Third Party Content and makes no endorsements, representations or warranties and assumes no liability, obligation or responsibility for Third Party Content. You are responsible for ensuring that your engagement or transactions with Third Party Content is in compliance with these Terms and any applicable laws.

PROPRIETARY RIGHTS

The Company represents and warrants that it is the owner of or otherwise has the rights to the Software and that it has the right to grant the license to the User under this Agreement. The Company retains title to the Software and any other deliverables hereunder, including, without limitation, all copies and audiovisual aspects thereof and all rights to patents, copyrights, trademarks, trade secrets, and other intellectual property rights inherent therein and appurtenant thereto. The User shall not, under this Agreement or otherwise, acquire any proprietary rights whatsoever in the Software or in any other deliverables hereunder, which shall be confidential information of the Company and the sole and exclusive property of the Company. Any right not expressly granted to the User by this Agreement is hereby expressly reserved by the Company. No identifying marks, copyright, or proprietary right notices may be deleted from any copy of the Software provided to or made by the User.

TRADEMARKS AND TRADE NAMES

Any and all trademarks and trade names that the Company uses in connection with the license granted hereunder are and shall remain the exclusive property of the Company. Nothing contained in this Agreement shall be deemed to give the User any right, title, or interest in any trademark or trade name of the Company.

THE USER’S WARRANTIES REGARDING COMPETING PRODUCTS

The User represents and warrants that he or she does not currently plan to offer, create, promote, or sell any product that competes with the Software. Further, the User agrees not to use anything he or she learns as a result of using the Software to create a competing product or service for two years after the User’s subscription ends.

TERM & TERMINATION

This Agreement shall commence as of the date the User purchases a subscription to the Software and shall continue thereafter until the completion of the User’s subscription unless sooner terminated for cause as set forth herein. Either Party may terminate this Agreement for cause, effective upon written notice to the other Party (the “Defaulting Party”) if the Defaulting Party: materially breaches this Agreement, and such breach is incapable of cure, or with respect to a material breach capable of cure, the Defaulting Party does not cure such breach within 15 days after receipt of written notice of such breach; becomes insolvent or admits its inability to pay its debts generally as they become due; becomes subject, voluntarily or involuntarily, to any proceeding under any domestic or foreign bankruptcy or insolvency law, which is not fully stayed within seven business days or is not dismissed or vacated within 45 business days after filing; is dissolved or liquidated or takes any corporate action for such purpose; makes a general assignment for the benefit of creditors; or has a receiver, trustee, custodian, or similar agent appointed by order of any court of competent jurisdiction to take charge of or sell any material portion of its property or business.

DISCLAIMER OF WARRANTY

THE COMPANY EXPRESSLY DISCLAIMS, AND THE USER HEREBY EXPRESSLY WAIVES, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT AND SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS THAT THE SOFTWARE WILL MEET THE USER’S REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE OR ITS USE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE, IF ANY, WILL BE CORRECTED. THE COMPANY’S LIMITED WARRANTY IS IN LIEU OF ALL LIABILITIES OR OBLIGATIONS OF THE COMPANY FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE DELIVERY OF THE SOFTWARE OR RELATED SERVICES. EXCEPT FOR THE WARRANTY AS TO OWNERSHIP, THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH THE USER.

LIMITATION OF LIABILITY

THE COMPANY SHALL HAVE NO LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE AGGREGATE LIABILITY OF THE COMPANY FOR ANY REASON AND UPON ANY CAUSE OF ACTION OR CLAIM, INCLUDING, WITHOUT LIMITATION, THE COMPANY’S OBLIGATION TO INDEMNIFY AND HOLD HARMLESS UNDER THIS AGREEMENT, SHALL BE LIMITED TO THE AMOUNT OF FEES PAID TO THE COMPANY BY THE USER HEREUNDER FOR THE SPECIFIC PORTION OF SOFTWARE GIVING RISE TO SUCH CAUSE OF ACTION OR CLAIM. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION OR CLAIMS IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, INDEMNITY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS.

THIRD-PARTY SOFTWARE

The Parties understand that the Company may integrate third-party software elements into the Software. THE COMPANY DOES NOT CONTROL THESE THIRD PARTIES, SO IT MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO THE QUALITY, CAPABILITIES, OPERATIONS, PERFORMANCE OR SUITABILITY OF THE THIRD PARTY SOFTWARE, INCLUDING THE ABILITY TO INTEGRATE SAME WITH THE SOFTWARE. ANY THIRD-PARTY SOFTWARE PROVIDED IS EXPRESSLY PROVIDED “AS IS.”

CHOICE OF LAW, CHOICE OF FORUM, AND FEE-SHIFTING

The parties agree that this Agreement shall be construed under the laws of the State of Misouri regardless of any choice of law rules. Each Party irrevocably and unconditionally agrees that any dispute arising under or related to this Agreement shall be resolved exclusively through individual, non-class arbitration to be held in St. Louis, Missouri under the rules of the American Arbitration Association. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of such arbitration and agrees to bring any such dispute only in such forum. Each Party agrees that a final judgment by such arbitration is conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law. Should either party to this Agreement initiate any action against the other, the substantially prevailing party (considering the relief sought and the relief achieved) shall be awarded reasonable attorney’s fees incurred in connection with such enforcement.

MISCELLANEOUS CLAUSES

The Parties further agree:

Entire Agreement. This Agreement constitutes the sole and entire agreement of the Parties with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.

Amendments. No amendment to or modification of this Agreement is effective unless it is in writing and signed by each Party.

Severability. If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

Waiver. No waiver by any Party of any of the provisions of this Agreement shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

Assignment. Neither Party may assign, transfer, delegate, or subcontract any of its rights or delegate any of its obligations under this Agreement without the prior written consent of the other Party. Any purported assignment or delegation in violation of this Section shall be null and void.

Relationship of the Parties. The relationship between the Parties is that of independent contractors. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationship between the parties, and neither Party shall have authority to contract for or bind the other party in any manner whatsoever.

No Third-Party Beneficiaries. This Agreement benefits solely the Parties to this Agreement and their respective permitted successors and assigns and nothing in this Agreement, express or implied, confers on any other Person any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of this Agreement.

Counterparts. This Agreement may be executed in counterparts, each of which is deemed an original, but all of which together are deemed to be one and the same agreement.

Force Majeure. Neither Party shall be liable or responsible to the other, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of that Party including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage. If the event in question continues for a continuous period in excess of 15 days, the other Party shall be entitled to give notice in writing to the other to terminate this Agreement.