Terms & Conditions

TERMS OF USE AGREEMENT

Read this Terms of Use Agreement (“Agreement”) before using www.halopets.com (the “Site”), or making any purchases or entering subscriptions on or through the Site. 

Your access to and use of the Site is provided and all sales made on or through the Site are subject to this Agreement.  By using any part of this Site or making a purchase on or through this Site, you (you or Purchaser) agree to these terms and conditions.

The Site is owned and operated by (“Halo” or “Us”).

Effective Date:  This Agreement was last updated on, and is effective as of, March 222022.

You are not permitted to use this Site if You are under the age of 13.

I. Jurisdiction

The Site, including its information, services, and content, is intended for use within the United States.  Halo makes no representation that the Site, including it

s information, services, and content, are appropriate or available for use in other locations.  Those who choose to access the Site from locations other than the United States do so on their own initiative and are responsible for compliance with local laws if and to the extent applicable.

II. Registered User Account

All registered users (“Users”) of the Site must be over the age of 18, and shall receive a password and an account (“Account”). Each User is entirely responsible for any and all activities which occur under User’s Account whether authorized or unauthorized. User agrees to notify Halo of any unauthorized use of User’s Account or any other breach of security. User’s right to use the Site is personal to the User. User agrees not to resell or make any commercial use of the Site without Halo’s express written consent.

III. Terms of Sale

Each purchase of Halo products, including products, product subscriptions, or other goods via the Site (“Products”), is expressly made conditional on Purchaser’s assent to this Agreement.  Purchasers must be over 18.  Halo agrees to furnish Products only upon the terms and conditions of this Agreement, including without limitation, the following:

  1. Purchases. All purchases are subject to this Agreement.  Halo may decline any order for any reason.  Halo’s acceptance of any order is limited to the terms of this Agreement.  Additional terms and conditions on any other Purchaser document will have no effect.  This Agreement may only be modified by a written agreement signed by an authorized Halo representative.  You consent to the transfer of your email address(es) when such transfer is required to complete a transaction, as set forth in Halo’s Privacy Notice. You may only place orders via any Halo-approved ordering method.  Halo has no obligation to confirm the validity of any order placed or the authority of the person placing an order through any Halo Site. You bear all risk of unauthorized purchases by third parties or unauthorized persons using your payment method, password, or other credentials used to identify you. You may not change, cancel, or reschedule any orders without Halo’s written consent.  Any materially different terms from those described in this Agreement will be disclosed at the time of purchase or in other communications provided by Halo.  Registered Users can find specific details regarding a subscription by logging into their Account.  Halo reserves the right to change or terminate any offered subscriptions or promotions at any time.
  2. Taxes. You are responsible for all applicable fees and all federal, state, municipal, and other government taxes on the sale and delivery of Products.

C.  Automatically Renewing Subscriptions

D. One-Time Purchases.  When you make a one-time purchase, we will charge your Payment Method at the time of purchase.

E. Cancellations and Refunds.  You can cancel at any time from your Halopets.com account or by contacting the customer service number. To avoid charging of the next subscription’s fees to your Payment Method, you must cancel your subscription at least two business days before your next subscription ships. 

F. Remedies.  In the event of your default under this Agreement, Halo shall have available all rights and remedies at law or in equity.  You agree to pay Halo all costs and expenses, including attorneys’ fees, incurred by Halo in exercising any of its rights and remedies.  No failure on the part of Halo to exercise and no delay in exercising any right or remedy shall operate as a waiver thereof.  No waiver by Halo of any default shall constitute a waiver by Halo of any additional or subsequent default.

IV. Your Responsibilities

You acknowledge that you are responsible for whatever material you submit or is submitted through your Account, including its legality, reliability, appropriateness, originality. If Halo makes available a discussion group or bulletin board on this Site, you warrant that your use of such features is for lawful purposes only, as outlined below.

By placing on or downloading material to the Site, including documents, text, images, audio files or other audio-visual content to the Site (“Content”), you represent and warrant: (a) You own or otherwise have all necessary rights to the Content you provide and the rights to provide it under this Agreement; and (b) the Content will not cause injury to any person or entity.

Without limitation, you may not submit to or transmit through this Site any material, or otherwise engage in any conduct that:

A. violates or infringes the rights of Halo or others including, without limitation, patent, trademark, trade secret, copyright, publicity, privacy, proprietary and/or intellectual property rights;

B. is inaccurate, unlawful, discriminatory, threatening, abusive, harmful, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, pornographic, obscene, offensive, or otherwise objectionable to Halo or other uses of the Site;

C. victimizes, harasses, degrades, intimidates, discriminates against, or retaliates against an individual or group of individuals on the basis of religion, sex, race, national origin, age, physical or mental disability, sexual orientation, or other characteristics protected by applicable state or federal law;

D. collects, stores, and/or discloses personal data about other others unless specifically authorized by such others;

E. impersonates any person, business or entity, including Halo, and Halo’s employees and agents;

F. misrepresents your affiliation with a person or entity;

G. contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;

H. attempts to gain unauthorized access to any services, user accounts, computer systems or networks, through hacking, password mining, or any other means;

I. transmits spam, bulk or unsolicited communications or posts third-party advertisements;

J. that would violate any fiduciary relationship, any applicable local, state, national or international law, or any regulations or other government requirements or rules having the force of law, including but not limited to attempting to compromise the security of any networked account or site, operating an illegal lottery or gambling operation, stalking, or making threats of harm, or that otherwise could constitute a criminal offense or give rise to civil liability;

K. violates this Agreement, guidelines, or any policy Halo posts on the Site; or

L. disrupts the normal flow of dialogue or negatively affects or interferes with other visitors’ or Users’ ability to use the Site.

You acknowledge that Halo has the right (but not the obligation), in Halo’s sole discretion, to view, move, remove, block, edit, or refuse any Content you post on the site for any reason, including, without limitation,  such Content that  violates this Agreement or is otherwise objectionable.

V. Rights in your Content; Unsolicited Information and Ideas

Any communications you send to Halo or the Site by e-mail or any other means are not confidential and Halo is under no obligation to refrain from reproducing, publishing (except for Personal Information, as defined in Halo’s Privacy Notice) or otherwise using them in any way or for any purpose.  Halo shall be free, but is under no obligation, to use the content of any such communications, including any ideas, inventions, concepts, or techniques for any purpose, including development, manufacture, market, and sale.

VI. Copyright and Trademark Information

All content posted to the Site by Halo, including names, images, logos and pictures identifying services of Halo or any of its site designs, text, graphics, interfaces, and the selection and arrangements thereof, is licensed by or is the property of Halo protected by intellectual property rights.  Except for personal non-commercial use of materials on the Site, any use, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Halo, is strictly prohibited.  You agree that you will not use any robot, spider, or other automatic device, or manual process to monitor or copy any part or all of the Site or the content contained therein without prior written permission of an authorized officer of Halo.

Halo’s and its affiliates’ logos and other trademarks are proprietary marks of Halo and/or those affiliates may not be used in connection with any product or service that is not provided by Halo, in any manner that is likely to cause confusion among clients, or in any manner that disparages or discredits Halo or its affiliates. Nothing contained herein shall be construed as conferring any license or right under any Halo patent, copyright or trademark.

All other trademarks displayed on the Site are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those third parties.  In addition, such use of trademarks or links to the websites of third parties is not intended to imply, directly or indirectly, that those third parties endorse or have any affiliation with Halo or the Site.

VII. DISCLAIMER OF WARRANTIES.

EXCEPT AS OTHERWISE EXPRESSLY STATED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, HALO AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, SHAREHOLDERS AND CONTRACTORS DISCLAIM ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. 

HALO IS NOT LIABLE FOR ANY DAMAGES YOU SUFFER FROM USE OF THE SITE OR ANY OF THE PRODUCTS PURCHASED FROM HALO.  THE MATERIALS AND PRODUCTS ARE PROVIDED “AS IS.” HALO MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO, AND SPECIFICALLY DISCLAIMS LIABILITY FOR, THE AVAILABILITY, USEFULNESS, QUALITY, SUITABILITY, TRUTH, ACCURACY, RELIABILITY OR COMPLETENESS OF THE SITE OR ITS CONTENT.

HALO MAKES NO WARRANTY OR REPRESENTATION THAT: (a) ACCESS TO THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (b) THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL OR PRODUCTS PURCHASED OR OBTAINED FROM THE SITE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS EXCEPT AS EXPLICITLY SET FORTH IN THIS AGREEMENT; or (c) ANY ERRORS IN THE SITE WILL BE CORRECTED.

YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM USING, ACCESSING, OR OBTAINING ANY CONTENT FROM THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.

SUBJECT TO HALO’S PRIVACY STATEMENT, HALO MAKES NO WARRANTY OR REPRESENTATION THAT ITS HOSTING OF ANY DATA OR INFORMATION COMPLIES WITH LOCAL, STATE, OR FEDERAL RECORDS RETENTION REQUIREMENTS AND HAS NO OBLIGATION TO RETAIN ANY DATA OR INFORMATION AFTER THE TERMINATION OF YOUR ACCOUNT OR REGISTRATION.  YOU ARE SOLELY RESPONSIBLE FOR THE BACKUP OF ANY AND ALL DATA OR INFORMATION YOU POST OR SUBMIT TO THE SITE AND HALO HAS NO LIABILITY OF ANY KIND FOR ANY LOSS OF DATA OR INFORMATION.

APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO SOME OF OR THE ENTIRE EXCLUSION MAY NOT APPLY TO YOU.

VIII. LIMITATION OF LIABILITY.

IN NO EVENT WILL HALO, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, SHAREHOLDERS OR CONTRACTORS BE LIABLE FOR ANY DAMAGES RESULTING FROM USE OF THE SITE OR PURCHASES MADE THROUGH THE SITE, INCLUDING WITHOUT LIMITATION, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE), EVEN IF HALO HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION, DAMAGES DUE TO: (a) THE USE OF OR THE INABILITY TO USE OR ACCESS THE SITE, SERVICES, OR CONTENT; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SITE; (c) LATE SHIPMENT OR DELIVERY, OR DAMAGE TO GOODS IN TRANSIT (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, INCLUDING WITHOUT LIMITATION, UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR INFORMATION YOU MAY DOWNLOAD, USE, MODIFY, RELY ON, OR DISTRIBUTE; OR (f) THE LOSS OF ANY DATA, INFORMATION, OR CONTENT SUBMITTED OR POSTED TO THE SITE.

IN NO EVENT WILL HALO’S LIABILITY OR THE LIABILITY OF HALO’S LICENSORS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, SHAREHOLDERS AND CONTRACTORS IN CONNECTION YOUR USE OF THIS SITE, UNDER ANY THEORY OF RECOVERY, EXCEED THE AMOUNT OF THE PURCHASE PRICE PAID FOR THE PRODUCTS THAT GIVE RISE TO THE CLAIM.

FORCE MAJEURE: HALO SHALL NOT BE LIABLE FOR ANY ACTIONS OR FAILURE TO ACT DUE TO CAUSES BEYOND ITS REASONABLE CONTROL, OR DUE TO ACTS OF GOD, ACTS OF PURCHASER, ACTS OF CIVIL OR MILITARY AUTHORITY, PRIORITIES, FIRES, STRIKES, FLOODS, EPIDEMICS, QUARANTINE RESTRICTIONS, WAR, RIOTS, DELAYS IN TRANSPORTATION, CAR SHORTAGES, AND INABILITY DUE TO CAUSES BEYOND ITS REASONABLE CONTROL TO OBTAIN NECESSARY LABOR, MATERIALS, OR PROCESSING FACILITIES.

THIS AGREEMENT DEFINES YOUR SOLE AND EXCLUSIVE REMEDY.

TO THE EXTENT THAT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORTIONS OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.

IX. Indemnification

You agree to indemnify and hold Halo, its parents, predecessors, subsidiaries, assigns, agents, attorneys, trustees, trusts, trust beneficiaries, directors, partners, joint venturers, stockholders, affiliates, officers and employees, harmless from each and any claim or demand, including but not limited to reasonable attorneys’ fees and costs, due to or arising out of: your use of the Site; your unsanctioned or unauthorized use or installation of any Products, your misuse of any Products, or your use or installation of any Products in a way that does not conform to this Agreement or any applicable instructions, including without limitation, use or installation that may void any applicable warranty hereunder; your violation of this Agreement; or your (or other user of the Site using your computer or Account) infringement of any intellectual property or any other right of any person or entity.

X. Termination

Your right to use the Site automatically terminates if you violate this Agreement or any rules or guidelines posted in connection with the Site. Halo also reserves the right, in Halo’s sole discretion, to terminate your access to all or part of any of the Site, for any reason, with or without notice.

XI. Privacy NOTICE

Halo’s Privacy Notice explains the practices that apply to your information.  The Privacy Notice is fully incorporated herein by reference.  Your ongoing use of this Site signifies your consent to the information practices disclosed in Halo’s Privacy Notice.

XII. THIRD-PARTY SITES.

Halo’s Site may include links to other sites on the Internet that are owned and operated by online merchants and other third parties.  You acknowledge that Halo is not responsible for the availability of, or the content located on or through, any third-party site.  You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites.  Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and Halo is not responsible for your use of said third-party sites.  Halo encourages you to review said privacy policies of third-party sites.

XIII. Governing Jurisdiction of the Courts in the State of DELAWARE

This Agreement is governed by and will be construed according to Delaware law, excluding any principles of conflicts of law.  In the event of any dispute or controversy arising from this Site, you consent to the jurisdiction and exclusive venue of the state and federal courts located in .  You agree to litigate solely on an individual basis, and that this Agreement does not permit class action litigation or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding, and you expressly waive all such rights to bring or participate in class action.  In the event the prohibition on class action litigation is deemed invalid or unenforceable, then the remaining portions of this provision will remain in force.

XIV. Entire Agreement

This Agreement represents the entire agreement between you and us.  No agent or other person is authorized to modify this Agreement or to make any warranty or representation which is different than, or in addition to, the warranties and representations of this Agreement.

XV. Botnets

Halo retains the right, at its sole discretion, to terminate any accounts involved with botnets and related activities.  If any hostnames are used as command and control points for botnets, Halo reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at Halo’s discretion.

XVI. Other Terms

If any provision of this Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent.  You agree that this Agreement and any other agreements referenced herein may be assigned by us, in Halo’s sole discretion, to a third party in the event of a merger or acquisition.  This Agreement shall apply in addition to, and shall not be superseded by, any other written agreement relating to your participation as a User unless expressly agreed to in writing signed by Halo. Subject to Halo’s Privacy Notice, you acknowledge and agree that Halo may preserve and disclose any account information and the contents of your online communications if required to do so by law, or in good faith belief that preservation and/or disclosure is reasonably necessary for the following purposes: (a) to comply with legal process, such as a court order, search warrant, or subpoena; (b) to enforce the terms of this Agreement; (c) to render service you request; (d) to protect Halo’s rights or property; or (e) in circumstances that Halo deems, in its sole discretion, to pose a threat to the safety of you or others.

XVII. Modifications and Interruption to Service

Halo reserves the right, at any time, to modify, alter, or update this Agreement without prior notice.  Modifications shall become effective immediately upon being posted on the Site.  Your continued use of the Site or purchases made after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications.  Except as expressly stated herein, this Agreement may not be amended.

Halo reserves the right to modify or discontinue the Site with or without notice.  Halo shall not be liable to you or any third party should Halo exercise its right to modify or discontinue the Site.  You acknowledge and accept that Halo does not guarantee continuous, uninterrupted, or secure access to the Site and operation of the Site may be interfered with or adversely affected by numerous factors or circumstances outside of Halo’s control.