SkySHepherd by Safe Retrieve, LLC Terms of Use
Effective Date: January 19, 2023
Safe Retrieve, LLC (“we,” “us,” “our,” or “Safe Retrieve”) operate a website at https://www.skyshepherd.com (the “Website” or “Site”) and license a mobile application (together with all documentation and updates, the “App”) that application end users (“you,” “your,” or “Users”) may download, install, and use. The App is available through iTunes and Google Play app stores. The following terms and conditions (together with any documents referred to in them) (collectively, these “Terms”), along with our Privacy Policy, governs your use of the Site (including any subdomains of the Site) and the App, as well as any other services and associated devices provided through the SkyShepherd platform (collectively, the “System”).
By downloading, installing, or using the App or using or accessing any part of the System, you accept and agree that you are legally bound by these Terms and our Privacy Policy. If you do not agree to these Terms or our Privacy Policy, do not use, access, download, or install any part of the System.
This Agreement is between you and Safe Retrieve only. Apple, Inc., Microsoft, Inc., Amazon Web Services, Inc., and Google LLC are not parties to this Agreement; however, they, and their subsidiaries, are third party beneficiaries of this Agreement as pertaining to the App provided through the relevant app stores. As such, once you accept this Agreement, Apple, Inc., Microsoft, Inc., Amazon Web Services, Inc., and Google LLC, as applicable, shall have the right to enforce this Agreement against you. Apple, Inc., Microsoft, Inc., Amazon Web Services, Inc., and Google LLC, or any other party related to the platform or mobile device are not a party to these Terms and have no responsibility for the App or obligation to furnish any maintenance or support services with respect to the App.
Revisions to the Terms of Use
We may revise and update these Terms in our sole discretion, and will post any updates to these Terms on the SkyShepherd website at https://www.skyshepherd.com and the App. Your continued use of the App or System means that you accept and agree to the modified Terms.
License Grant and Intellectual Property
Subject to these Terms, the terms and conditions through the Apple® or Android® platforms, and the terms and conditions of your mobile carrier, you are granted a non-exclusive, non-transferable, revocable license to access and use the System strictly in accordance with these Terms and related platform terms and conditions. As a condition of your use of the System, you warrant that you will not use the System for any purpose that is unlawful or prohibited by these Terms. You may not use the System in any manner which could damage, disable, overburden, or impair the System, or interfere with any other party's use and enjoyment of the System. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the System.
All content included as part of the System, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the System, is our property or the property of our suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content, and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the System. Our content is not for resale. Your use of the System does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without our express written permission. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to our intellectual property or our licensors, except as expressly authorized by these Terms.
Your Account
Use of parts of the System may require that you create an account with a username and a password. You are solely responsible for the activity on your account. To create an account, you must:
· Be eighteen years of age or older;
· Provide accurate information; and
· Keep your log-in and password secure.
The System may permit you to authorize other users to use your account and access information about your registered pet (an “Authorized User”). You are solely responsible for the actions of any Authorized User and for any misuse or unauthorized use of your account.
You may delete your account by contacting us at support@skyshepherd.com.
Your Responsibilities as a Pet Owner
You are solely responsible for ensuring the safety and containment of your pet, and Safe Retrieve does not guarantee containment of your pet or that your pet will be found if lost. Safe Retrieve is not responsible for searching for or recovering your pet.
Alerts from Safe Retrieve about your pet do not in any way obligate Safe Retrieve to take any responsive action. Safe Retrieve is not responsible in the event your pet gets out of the boundary or becomes lost or injured or for any emotional distress that may be caused.
User Content on the System
To the extent portions of the App allow you to comment or otherwise post regarding content on the App (“User Content”), you may not post User Content that:
· Violates any copyright, trademark rights, patent rights, rights in know-how, privacy or publicity rights, trade secret rights, confidentiality rights, contract rights, or other rights of any individual or legal entity;
· Is harmful; hateful; threatening; abusive; harassing; defamatory or libelous; sexually explicit, vulgar, lewd, obscene, or pornographic; racially, ethnically, or otherwise objectionable or offensive; inappropriate; or inflammatory;
· You know (or reasonably should know) is false, deceptive, or misleading;
· Contains information that could be used for identity theft purposes, such as social security numbers, credit card, bank account, or other financial information, driver’s license numbers, security codes, or passwords;
· Links to materials or other content, directly or indirectly, to which you do not have a right to link or that violates these restrictions; or
· Violates any applicable local, state, national, or international law.
By posting User Content on the System, you are granting us a non–exclusive, worldwide, fully paid–up and royalty–free, fully assignable, transferable, and sub-licensable license to use, copy, perform and display publicly, distribute, and prepare derivative works based on User Content, in whole or in part, throughout the universe in any form, format, or medium now or hereafter known. By posting User Content on the System, you represent and warrant that the posting of your User Content does not violate these Terms or applicable laws.
Safe Retrieve does not and shall not have any obligation to review User Content, and therefore we do not guarantee the accuracy, integrity, or quality of User Content and we cannot assure you that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful, or otherwise objectionable User Content will not appear on our System. We do, however, reserve the right to review any or all User Content in our sole discretion. In addition, we reserve the right to alter, edit, or remove any User Content, in whole or in part, at our sole discretion.
UNDER NO CIRCUMSTANCES SHALL SAFE RETRIEVE OR ITS AFFILIATES BE LIABLE IN ANY WAY FOR ANY USER CONTENT POSTED ON OR MADE AVAILABLE THROUGH THE SYSTEM. We do not control, have no obligation to monitor, and are not responsible for what users post, and are not responsible for any offensive, inappropriate, obscene, unlawful, infringing, or otherwise objectionable or illegal User Content on the System.
Access to the System
We reserve the right to delete or amend the System and any service or material we provide on the System, in our sole discretion, without notice or liability. We will not be liable if for any reason all or any part of the System is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the System or the entire System.
Term and Termination
These Terms remain in force so long as User continues to access or use the System or until terminated by any party. Safe Retrieve may terminate this Agreement for any reason at any time and Users may terminate by uninstalling the App and discontinuing all of Safe Retrieve’s services. Safe Retrieve reserves the right, in its sole discretion, to suspend or terminate Users’ accounts and access to or use of the System at any time if Safe Retrieve believes Users have acted in violation of these Terms, Safe Retrieve’s Privacy Policy, or applicable law, or have attempted to interfere with the System, or have acted with intent to annoy, abuse, threaten, or harass any other person. Upon termination, Users’ access to the System will cease.
Links to Other Websites and Connecting through Social Media
The System may contain hyperlinks to websites operated by third parties. We do not control such websites and will not be responsible for their content, or for any breach of contract, or any intentional or negligent action on the part of such third parties, which results in any loss, damage, delay, or injury to you or your companions. Inclusion of any linked website on the System does not imply or constitute approval or endorsement of the linked website by us. If you decide to leave the System to access these third-party sites, you do so at your own risk. All rules, policies (including privacy policies), and operating procedures of websites operated by third parties will apply to you while on such sites. We are not responsible for information provided by you to third parties.
Indemnification
You agree to indemnify, defend, and hold harmless Safe Retrieve, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your or your Authorized Users’ use of or inability to use the System, any claim that your or your Authorized Users’ content violates the intellectual property rights of a third party, your or your Authorized Users’ violation of these Terms, or your or your Authorized Users’ violation of any rights of a third party or your violation of any applicable laws, rules, or regulations. We reserve the right, at our own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you or your Authorized User, in which event you will fully cooperate with us in asserting any available defenses. You acknowledge that, in the event of any third party claim that the System or your possession and use of the System infringes that third party’s intellectual property rights, Safe Retrieve, and not Apple, Inc., Microsoft, Inc., Amazon Web Services, Inc., or Google LLC, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
Electronic Communications
Using the App, using the System, or sending emails to us constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email, and on the System, satisfy any legal requirement that such communications be in writing. To opt out of receiving marketing emails from us, follow the “unsubscribe” link on the email to change your user preferences. There are certain system-generated and legal notices that you cannot opt out of without deactivating your account.
Warranty and Limitation of Liability
SAFE RETRIEVE AND/OR ITS AFFILIATES OR SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE SYSTEM FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. SAFE RETRIEVE AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SYSTEM AND RELATED INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SAFE RETRIEVE AND/OR ITS AFFILIATES OR SUPPLIERS, AS WELL AS APPLE, INC., MICROSOFT, INC., AMAZON WEB SERVICES, INC., AND GOOGLE LLC, BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SYSTEM, DAMAGES FOR INJURY TO YOU, AN AUTHORIZED USER, OR YOUR PET, WITH THE DELAY OR INABILITY TO USE THE SYSTEM, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SYSTEM, OR OTHERWISE ARISING OUT OF THE USE OF THE SYSTEM OR THE APPLICATION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SAFE RETRIEVE OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SYSTEM, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO UNINSTALL THE APP AND DISCONTINUE USING THE SYSTEM.
Geographic Restrictions
The System is controlled, operated, and administered by Safe Retrieve in the United States. We provide this System for use only by persons located in the United States. We make no claims that the System or any of its content is accessible or appropriate outside of the United States. Access to the System may not be legal by certain persons or in certain countries. If you access the System from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Governing Law, Venue and Jurisdiction
These Terms shall be treated as though they were executed and performed in Minnesota, and shall be governed by the laws of the State of Minnesota and the laws of the United States without regard to conflict of law principles. Any claim or dispute related to the System or under these Terms, the Privacy Policy, and any legal notices on this System, must be instituted within one (1) year after the claim arose (if multiple claims, from the date the first claim arose), or be forever waived and barred. You agree that you will bring any claims in, and submit to the exclusive jurisdiction of, the state and federal courts located in the County of Hennepin, in the State of Minnesota.
Miscellaneous Terms
These Terms, together with our Privacy Policy are the entire agreement between you and us related to your use of the System and the App.
No waiver of these terms by us shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure by us to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision.
If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Agreement will continue in full force and effect.
Contact Information
To contact us, email us at support@skyshepherd.com.
