1. Acceptance of Terms
a. Electronic Signature
The Subscriber Agreement is an electronic contract that governs your use of the Site and Services. By checking the box on the enrollment screen, you acknowledge that you understand and agree to be legally bound by the Subscriber Agreement and the terms, conditions and notices contained or referenced herein. Checking the box creates an electronic signature that has the same legal force and effect as a handwritten signature.
b. Electronic Form.
When you check the box on the enrollment screen indicating your acceptance of the Subscriber Agreement, you also consent to have the Subscriber Agreement provided to you in electronic form and agree to receive information about your account electronically. MIDS reserves the right to send you information about your application by postal mail.
2. Services
MIDS will collect information requested on the Site (your owner contact information, alternate contact information, veterinarian contact information and pet information) and submit that information to the national pet recovery network that in MIDS judgment is most suitable for recovery of your pet in the event the pet becomes missing or lost via manmade or natural disaster. MIDS provides the sole service of submitting the pet and contact information provided to MIDS by the Subscriber to the appropriate national recovery network on behalf of the Subscriber. Your information will be checked for accuracy. Your pet's microchip will be processed within 10 days, and you will receive confirmation via mail within two to three weeks. (You may or may not receive additional mailed confirmation from the recovery network where your activation is submitted.) MIDS fee does include in some cases, a free year of Lost Pet Expanded Services offered by the HomeAgain Pet Recovery Network. This free year of Lost Pet Services is made available to a pet owner regardless of the brand of microchip installed in the pet. After the first free year, you may decide to continue these services on an annual fee basis, or to drop them. In either case, your pet's microchip will remain registered, active and trackable back to you on a 24/7 basis, as long as you own the pet.
3.Obligations
You are required to comply with all applicable laws in connection with your access to and use of the Site and Services, and such further limitations as may be set forth in any written or on-screen notice from MIDS . As a condition of your access to and use of the Site and Services, you warrant that you will not use the Site or Services for any purpose that is unlawful or prohibited by the Subscriber Agreement. Use of the Site is for your personal and non-commercial use, and MIDS does not grant any express or implied rights to use the Site for any other purpose. MIDS shall process your Activation as quickly as possible as described under Services (above).
4. Data Privacy
You authorize MIDS to collect, use and share your personal information in accordance with the Microchip ID Systems, Inc. Privacy Policy. MIDS will submit enrollment for your pet into the national registry that will facilitate your pet's return to you, if he/she is lost or stolen. Please be aware that we are not responsible for the content or privacy practices of such other entities. You will be given the name and phone number of the registry into which your pet has been placed. We encourage our users to read the privacy statement of said registry.
5. Billing Terms
When you enroll your pet, you authorize MIDS to charge your credit card for the activation fee of $19.75. We also accept personal checks when accompanied by the activation form printed from our site.
6. Other Charges
The one-time fee charged by MIDS for an activation of a pet microchip will enter the submitted contact and pet information into the appropriate national database registry for the life of the pet, as long as you own your pet. Certain registries may charge a minimal fee for information changes. Some registries may offer optional expanded service packages for which they charge additional fees. Some registries may change a fee if the dog changes owners. The MIDS activation fee does not include any expanded services or information changes or ownership change fees, if any apply. MIDS fee does include in some cases, a free year of Lost Pet Expanded Services offered by the HomeAgain Pet Recovery Network. After the first free year, you may decide to continue these services on an annual fee basis, or to drop them. In either case, your pet's microchip will remain registered, active and trackable back to you on a 24/7 basis, as long as you own the pet.
7. Disclaimer of Warranties
WHILE MIDS TAKES CONSCIENTIOUS STEPS TO ENSURE THAT THE INFORMATION ON THE SITE IS CORRECT, MIDS DOES NOT WARRANT THE ACCURACY AND COMPLETENESS OF THE MATERIAL ON THE SITE. MIDS MAY MAKE CHANGES TO THE MATERIAL ON THE SITE, OR TO THE PRODUCTS AND PRICES DESCRIBED IN IT, AT ANY TIME WITHOUT NOTICE. THE MATERIAL ON THE SITE MAY BE OUT OF DATE, AND MIDS MAKES NO COMMITMENT TO UPDATE SUCH MATERIAL. THE SERVICES AND THE SITE ARE PROVIDED "AS IS." MIDS MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER RELATING TO THE SERVICES, THE SITE, LINKED SITES, OR OTHER CONTENT THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SITE. MIDS DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MIDS DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL (a) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (b) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (c) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SITE, (d) WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA MADE AVAILABLE ON THE SITE OR OTHERWISE BY MIDS, AND (e) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY MIDS OR ANY THIRD PARTY.
FURTHER, THERE IS NO WARRANTY THAT THE SITE OR SERVICES WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. MIDS MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, (a) THAT THE INFORMATION PROVIDED THROUGH THE SITE WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; (b) THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (c) THAT DEFECTS OR ERRORS IN THE SITE WILL BE CORRECTED; OR (d) THAT THE CONTENT ON THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. MIDS MAKES NO WARRANTIES OR REPRESENTATIONS RELATING TO THIRD-PARTY CONTENT OR CONTENT ON LINKED SITES, IF ANY. ANY AND ALL PRICING, DELIVERY, OR INFORMATION IS SUBJECT TO FINAL CONFIRMATION BY MIDS. YOUR RELIANCE ON SUCH INFORMATION PROVIDED SOLELY THROUGH THE SITE IS AT YOUR OWN DISCRETION.
8. Limitation of Liability
IN NO EVENT WILL MIDS OR ITS AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE AND SERVICES BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE SITE, SERVICES, OR ANY LINKED SITES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ANOTHER USER RELATED TO OR ARISING FROM, OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, YOU RELEASE MIDS FROM ANY CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH A DISPUTE.
These limitations apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if MIDS has been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, MIDS liability in such jurisdictions shall be limited to the extent permitted by law.
9. Indemnification
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS MIDS AND THIRD PARTIES WHO CONTRIBUTE TO THE SITE AND SERVICES FROM ANY LOSS, DAMAGE, OR COST (INCLUDING ATTORNEYS' FEES) RESULTING FROM YOUR VIOLATION OF THE SUBSCRIBER AGREEMENT OR ANY ACTIVITY RELATED TO YOUR APPLICATION.
10. Choice of Law and Forum
The Subscriber Agreement is subject to the laws of the State of Louisiana.
11. Termination
MIDS reserves the right, in its sole discretion, to terminate your access to and use of the Site and Services, with or without notice.
12. No Waiver
The failure of MIDS to enforce any provisions of the Subscriber Agreement or respond to a breach by you or other parties shall not in way waive its right to enforce subsequently any terms or conditions of the Subscriber Agreement or to act with respect to similar breaches.
13. Miscellaneous
You agree that no joint venture, partnership, employment, or agency relationship exists between you and MIDS as a result of the Subscriber Agreement or your access to and use of the Site and Services. A printed version of the Subscriber Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Subscriber Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Unless otherwise specified herein, the Subscriber Agreement constitutes the entire agreement between you and MIDS and governs your use of the Site and Services. If any portion of the Subscriber Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.