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Terms of Use

YOUR USE OF THIS WEBSITE AND PET RECOVERY SERVICE ARE SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS OF USE (“TERMS OF USE”). YOUR CONSENT TO BE BOUND BY THESE TERMS OF USE IS EVIDENCED BY YOUR USE OF THIS WEBSITE AND/OR BY CLICKING “I ACCEPT.” All users of this website agree that access to and use of this website are subject to the following terms and conditions and other applicable law. This is a binding agreement. If you do not agree to these terms and conditions, please do not use this website or so indicate by clicking “I do not accept” at the end of these Terms of Use and your access to the website and/or pet recovery service will be terminated.

Find Toto reserves the right to modify these Terms of Use at any time. You agree to review these Terms of Use periodically to be aware of such modifications and that your continued use of the website shall be deemed to be your conclusive acceptance of any modified Terms of Use. We will indicate that changes to these Terms of Use have been made by updating the date indicated after "Last Modified" at the end of these Terms of Use. If you do not agree to abide by any modified version of these Terms of Use, you are not authorized to use this website.

Copyright

The entire content included in this website, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Find Toto. The collective work includes works that are licensed to Find Toto. Copyright 2008, Find Toto. ALL RIGHTS RESERVED. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the website solely for your own non-commercial use, or to place an order with Find Toto. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this website is strictly prohibited, unless authorized by Find Toto in writing. You further agree not to change or delete any proprietary notice from materials downloaded or printed from the website.

Trademarks / Intellectual Property

All trademarks, service marks and trade names of Find Toto used in the website (including but not limited to the Find Toto name and logo) are trademarks or registered trademarks of Pet Alert, LLC. They may not be used without Find Toto’s prior written permission. Any other intellectual property in the website or related pet finding service including but not limited to patents issued or pending are the sole property of Pet Alert, LLC, Find Toto and/or its licensors.

Pet Alert Package Orders

All orders placed through the website are subject to Find Toto’s acceptance, which is in its sole discretion. Without limitation, this means that Find Toto may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, in its sole discretion, and without liability to you or any third party. If your credit card has already been charged for an order that is subsequently cancelled by Find Toto, Find Toto shall issue a credit to your credit card account.

Use of Information Submitted

You hereby grant to Find Toto a worldwide, nonexclusive, nonsublicensable, nontransferable, royalty-free license, in perpetuity to reproduce, distribute, publicly perform, publicly display, digitally perform, and use for any other purpose whatsoever, any comments, information, designs, ideas, or other content posted by you to this website, or disclosed or created by you while accessing the website, or contained in any communication you may send to Find Toto or submit to the website. You hereby represent and warrant that you own sole rights, title and interest to any content posted, disclosed or otherwise submitted by you.

Copyright Agent

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide our copyright agent with the following information: (1) an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where the material that you claim is infringing is located on the Find Toto website; (4) your address, telephone number, and e-mail address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon Find Toto actual knowledge of facts or circumstances from which infringing material or acts are evident. Find Toto’s copyright agent for notice of claims of copyright infringement can be reached as follows:

Name: Pet Alert LLC (Copyright)

Address: 2420 Sand Creek Road C-1 #205

Brentwood, CA 94513

Telephone: 877-PET-TOTO

Fax: (925) 281-4839

We suggest that you consult your legal advisor before filing a notice with Find Toto’s copyright agent. You should note that there can be penalties for false claims under the DMCA.

Linking

We welcome links to the Find Toto website. You are free to establish a hypertext link to this website so long as the link does not state or imply any sponsorship or endorsement of your site by Find Toto, and provided that you agree to immediately remove any hypertext link upon Find Toto’s written request, which Find Toto may make in its sole discretion.

In an attempt to provide increased value to our visitors, Find Toto may link to websites operated by third parties. However, even if the third party is affiliated with Find Toto, Find Toto has no control over these linked websites, all of which have separate terms and conditions and privacy and data collection practices, independent of Find Toto. These linked websites are only for your convenience and therefore you access them at your own risk. Find Toto seeks to protect the integrity of the website and the links placed upon Find Toto.com and therefore requests any feedback about the website and for websites it links to as well. Please review the privacy policy of any third-party website that you have linked to from the website before you use such third-party website.

No Soliciting

You agree not to use the Find Toto website or service to advertise, or to solicit anyone to buy or sell, products or services, nor to solicit anyone to make donations of any kind.

Indemnification

You agree to indemnify, defend, and hold harmless Pet Alert, LLC, its officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, expenses, damages and costs, including, without limitation, reasonable attorneys' fees, arising from or relating in any way to your use of this website.

Privacy

Find Toto is committed to safeguarding your privacy. The terms regulating the handling of personally identifiable information and other information by you in connection with the website is described in our Privacy Policy, which is incorporated into these Terms of Use by reference. This website is intended for use by adults only. We do not knowingly collect information from children. We ask parents or legal guardians to assist us by supervising the activities of children at this website.

Warranty Disclaimer

THIS WEBSITE AND THE MATERIALS AND PACKAGES ON THIS WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FIND TOTO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FIND TOTO DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE, OR RELATED PET ALERT SERVICES, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FIND TOTO DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. SOME STATES DO NOT PERMIT LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

FIND TOTO DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY USERS OR OTHER THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE WEBSITE AND NEIGHBORHOOD PET ALERT SERVICE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND NEIGHBORHOOD PET ALERT SERVICE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST FIND TOTO FOR DISSATISFACTION WITH THE SITE OR ANY SERVICE PROVIDED BY FIND TOTO IS TO STOP USING THE SITE OR ANY SUCH SERVICE. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

FIND TOTO DOES NOT GUARANTEE THAT USE OF ITS SERVICE WILL RESULT IN YOUR PET BEING LOCATED. FIND TOTO WILL NOT ISSUE ANY REFUNDS IN THE EVENT THAT USE OF THE SERVICES DO NOT RESULT IN LOCATING YOUR LOST OR STOLEN PET. FIND TOTO DOES NOT GUARANTEE THAT ALL NEIGHBORS WITHIN THE PACKAGE YOU SELECT WILL RECEIVE A TELEPHONE CALL.

Limitation of Liability

FIND TOTO SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS AND SERVICES ON THIS WEBSITE OR THE PERFORMANCE OF THE ALERT PACKAGES PURCHASED THROUGH THE WEBSITE OR THE CONDUCT OF OTHER USERS OF THIS WEBSITE, OR THE CONDUCT OF YOUR NEIGHBORS CONTACTED BY OUR ALERT SERVICE, EVEN IF FIND TOTO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS OF USE, FIND TOTO IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THIS WEBSITE OR ANY CONTENT, FIND TOTO’S LIABILITY SHALL IN NO EVENT EXCEED THE COST OF THE LEVEL OF SERVICE YOU HAVE SELECTED.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Miscellaneous

Find Toto’s services are limited to within the United States. Your use of this website shall be governed in all respects by the laws of the State of California, U.S.A., without regard to its choice of law provisions. Except where prohibited by law, you agree that any and all disputes, claims and legal proceedings directly or indirectly arising out of or relating to this website (including but not limited to the purchase of FIND TOTO Alert Packages, and telephone calls made to on your behalf to neighbors) shall be resolved individually, without resort to any form of class action, and exclusively in the state courts located in Contra Costa County, California or federal courts located in the Northern District of California, USA. Any cause of action or claim you may have with respect to the website (including but not limited to the purchase of an Alert Package) must be commenced within one (1) year after the claim or cause of action arises. By using the website, you agree to receive electronic communications from Find Toto. You agree that any notice, agreement, disclosure or other communication that Find Toto sends you electronically will satisfy any legal communication requirements, including that such communications be in writing. Find Toto’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Find Toto may amend these Terms of Use, or assign its rights and duties under this Agreement to any party at any time without notice to you.

Term; Termination

These terms and conditions are applicable to you upon your accessing the website. Find Toto reserves the right in its sole discretion to terminate or restrict your use of the website, without notice, for any or no reason, and without liability to you or any third party. In addition, these terms and conditions, or any part of them, may be terminated by Find Toto without notice at any time, for any reason. The provisions relating to Copyright, Trademarks, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous shall survive any termination.

Any and all other Terms of Use, Disclaimers, Privacy Policies, Copyrights, FAQ's, in regards to Pet Alert LLC services apply to the OneStepAhead Membership program.

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