TERMS OF USE/AGREEMENT TO TERMS 

Halo Collar Pack Membership Plan

THE BENEFITS CONFERRED BY THE HALO COLLAR PACK MEMBERSHIP (“MEMBERSHIP PLAN”) ARE IN ADDITION TO THE MANUFACTURER’S WARRANTY AND ALL RIGHTS AND REMEDIES PROVIDED UNDER APPLICABLE LAW, INCLUDING CONSUMER PROTECTION LAWS AND REGULATIONS. THIS MEMBERSHIP PLAN SHALL NOT PREJUDICE THE RIGHTS GRANTED BY APPLICABLE CONSUMER LAW, INCLUDING THE RIGHT TO RECEIVE REMEDIES UNDER STATUTORY WARRANTY LAW AND TO SEEK DAMAGES IN THE EVENT OF THE NON-PERFORMANCE BY HALO OF ANY OF ITS CONTRACTUAL OBLIGATIONS

The Membership Plan is subject to these terms and conditions as well as the terms in Your Plan Confirmation (“Plan Confirmation”). You can only purchase a Membership Plan from Halo (and not an authorized reseller or any other third party) and You may obtain a copy of your Plan Confirmation by going https://www.halocollar.com/my-account/.  

The Membership Plan covers all of the Halo Collars linked to your Membership Plan account. For purposes of clarity, the Halo Collar is the collar unit bearing a QR code and serial number linked to the Halo Care Program (“Halo Collar”). The Membership Plan is limited to the fifty states of the United States, the District of Columbia, and Canada (except for Québec) and is void in all other places and where prohibited by law.

Membership Plan Overview

The Membership Plan provides access to containment and safety features on the Halo Collar(s) to which the Membership Plan is linked for as long as the Membership Plan is in effect.  “Membership Plan coverage begins when you sign up for the  Membership Plan and continues, until canceled as set forth in the “Cancellation” Section below.  You will be billed on the date you sign up for Your Membership Plan.  Your billing cycle will commence on the date that you sign up for your Membership Plan and end on the last date of the length of the Membership Plan, subject to change in the length of the Membership Plan as described below under the section entitled “Subscription Term” (“Billing Cycle”), at which time it will automatically renew for the same Subscription Term (defined below).  So, Your Billing Cycle will change if You change the length of Your Subscription Term.  All billing for Products and Services will be based on Your Billing Cycle. “Activate” means that You link Your first Halo Collar to your account. This means that a Halo Collar is specifically associated with that user account by serial number.  “Activation Date” means the date that You Activate Your first Halo Collar.

A Halo account is required to Activate You Membership Plan.  When You set up Your account in the MyAccount section of halocollar.com, You select the quantity of Halo Collars You want to link to the Membership Plan, the Subscription Term, the level of service (e.g., Bronze, Silver or Gold) (each a “Level”) and whether You wish to purchase the Halo Care Program.  Prior to the Activation Date, You may make as many changes as You like to the quantity of Halo Collars You want to link to the Membership Plan, the Subscription Term, the Level and whether You wish to purchase the Halo Care Program.  On or after the Activation Date, You may make these changes pursuant to the terms set forth in these Terms.

When You sign up for a Membership Plan (at any time and whether or not you purchased a Halo Collar) and create a username and password, you will be charged the full amount of the Membership Plan(s) for the length of the Subscription Term for which You sign up.  Then, at the earlier of 30 days or Activation of a Halo Collar on Your account, You will receive a credit (not more than thirty (30) days) for the time between signing up for the Membership Plan and the Activation Date.  This credit will be applied to Your next invoice.  If You do not Active the Membership Plan within 30 days of the Membership Plan purchase, the Membership Plan will automatically be Activated on the 30th day following the date of the Membership Plan purchase and there will be no credit offered. 

Quantity of Halo Collars on a Membership Plan

You will be charged for the quantity of Halo Collars You choose for Your Membership Plan regardless of how many Halo Collars You own or how many have been linked to Your account.  You will not be able to link more Halo Collars to your account than the quantity of Halo Collars in your Membership Plan.  You can only link a Halo Collar to Your Membership Plan if the total quantity of Halo Collars on Your Membership Plan is greater than or equal to the total quantity of Halo Collars linked to Your account. 

All changes in the quantity of Halo Collars on a Membership Plan take effect immediately.  If you increase the quantity of Halo Collars, You will be charged immediately and if you reduce the quantity of Halo Collars, You will receive a credit back to your account immediately.  There are no refunds.  Note that You will not be permitted to reduce the quantity of Halo Collars on Your Membership Plan below the number of Halo Collars linked to your account.

Subscription Term

There are three lengths of Membership Plan:  Monthly (billed monthly) Annual (billed one time per year), or Biennial (billed one time every two years) (each, a “Subscription Term”).  By signing up for a Membership Plan, You agree to an initial and recurring Membership fee at the then-current rate for the selected Level, Subscription Term, and Halo Care (if applicable) and You accept responsibility for all recurring charges until you cancel your Subscription. You can see the rate for Level by logging into your account info page (https://www.halocollar.com/my-account/) or on the Membership Plan page (https://www.halocollar.com/plans).

Change to Length of Subscription Term

Upgrade to Longer Subscription Term:

If You upgrade from a shorter to a longer Subscription Term in the My Account section at https://www.halocollar.com/plans, You will be invoiced immediately for the price of both the new Membership Plan and the Halo Care Program (if applicable) but will be credited on a pro-rata basis for the remainder of the old Membership Plan and the Halo Care Program (if applicable).  Both plans will renew on the date of this change and Your longer Billing Cycle will begin on the effective date of such change.  All charges are non-refundable.

Downgrade to a Shorter Subscription Period,

If You downgrade from a longer to a shorter Subscription Term in the My Account section at https://www.halocollar.com/plans, the change will not go into effect until the end of the current Billing Cycle at which point the shorter Billing Cycle will begin. There are no refunds.

Membership Levels

The Membership Plan is available in three levels: Bronze; Silver; and Gold (each, a “Level”). Each Level provides access to differing features. A more robust description of the features of each Level may be found at https://www.halocollar.com/plans. You can find the price of the Membership Plan in the My Account section of halocollar.com.

Halo may change the features and Levels in its sole discretion. 

Change of Level 

You may change your selected Level at any time from the My Account section at https://halocollar.com/plans. If you upgrade your Level, your Payment Source will be automatically charged the prorated amount for the remaining days in the current Billing Cycle.  Upon payment confirmation, You will immediately have access to the upgraded Level and remain on that Level for subsequent periods.

If You downgrade your Level, the change in the Level will not occur until the end of the current Billing Cycle and You will be downgraded at the start of the next Billing Cycle.  You will continue to maintain current Level access during this time until the next Billing Cycle.  There are no refunds.

Unlimited Lifetime Silver Plan Users

Customers who purchased their Halo Collar before midnight CDT, Sunday August 18, 2021, were awarded an Unlimited Lifetime Silver Plan and will not incur ongoing or recurring charges.  Notwithstanding the foregoing, if the Unlimited Lifetime Silver Plan members do not use the Halo Collar for four (4) months, the Halo Collar linked to  this Free Silver Plan will be deactivated. Once deactivated, customers must contact Halo by going to https://dogpark.halocollar.com  for instructions on how to reactivate the Unlimited Lifetime Silver Plan. This Unlimited Lifetime Silver Plan is personal to the original purchaser and cannot be sold, assigned, or otherwise transferred. Any Unlimited Lifetime Silver Plan transferred from the original purchaser may be canceled by Halo without prior notice, and no refund will be given unless otherwise required by law.  

If You are on the Unlimited Lifetime Silver Plan, You may upgrade to the monthly Gold Level upon Your agreement to an initial and recurring monthly Membership fee at the then-current rate for the Gold Level minus a monthly credit of $9.99; provided however, that at no point shall the monthly cost to upgrade to the Gold Level be reduced below $0.00. If You choose to upgrade to the Gold Level, You accept responsibility for all recurring charges until You change your Level.  You may change your Level at any time, subject to the terms of the Membership Plan. While a valid Payment Source (defined below) is not required to be linked to your account in order to participate in the Unlimited Lifetime Silver Plan, a valid Payment Source is required to upgrade to the Gold Level or to add Halo Care Program if you so choose.  If You have the Free Silver Plan and change the length of the Subscription Term to Annual, Biennial, or change Your Billing Cycle, You lose the benefits of the Unlimited Lifetime Silver Plan until you downgrade back to the Unlimited Lifetime Silver Plan again (in which case the Unlimited Lifetime Silver Plan will still be limited to the Halo Collar(s) purchased before midnight CDT, Sunday August 18, 2021.

 

 

Halo Protection Plan Terms and Conditions

The Halo Protection Plan (“Protection Plan”) is automatically included at no additional cost to You once You sign up for a Membership Plan.  The Protection Plan is identical to the Halo Care Program and subject to the same terms and conditions except that the price charged to you for a replacement Halo Collar may be different and does not include any discounts provided to subscribers of the Halo Care Program You can find the current Halo Protection Plan pricing for replacement Halo Collars at: https://www.halocollar.com/protection-plans/.

Halo Care Program

This Halo Care Program permits You to purchase a new Halo Collar to take the place of Your previously purchased Halo Collar at the then-current discounted price for any reason pursuant to these Terms.  The Halo Care Program covers all of the Halo Collars that are linked to Your account.  If You sign up for the Halo Care Program within sixty days of the Activation Date, You will have immediate access to the benefits of the Halo Care Program.  If You sign up for Halo Care after sixty days from the Activation Date  or if You cancel the Halo Care Program and then sign up for the Halo Care Program again, You must wait for sixty (60) days before You have the benefits of the Halo Care Program. 

For Your Halo Care Program replacement Halo Collar, You will pay a discounted price based on Your Halo Collar Program membership level (“Plan Level”).  You will pay $149 if You are a qualified Gold Plan Member (signed up and maintained Gold Plan membership since Activation or have maintained your Gold Plan for 3 months or longer), $174 if You are a qualified Silver Plan Member (signed up and maintained Silver Plan membership since activation or have maintained Your Silver Plan for 3 months or longer) or $199 if you are a Bronze Plan Member. The cost of the Halo Collar Program replacement at each Plan Level is referred to as the “Cost”.  You will also pay applicable taxes and shipping charges, which You shall pay in advance at the time of requesting Your Halo Collar under the Program. Halo may change the Cost upon 30 days written notice.

Upon submitting Your request for a new Halo Collar in the Halo Care section of My Account at https://www.halocollar.com/my-account/, a Halo Collar will be entered into the system to be shipped to You. You have the option of having Your existing Halo Collar immediately deactivated, or it will automatically be deactivated in two weeks if You wish to temporarily continue to use the old Halo Collar (in which case You will continue to be billed for the old Halo Collar until it is deactivated). The terms and conditions of the warranty for the new Halo Collar are found at https://www.halocollar.com/unified-terms-and-conditions/#LimitedWarranty

If You purchased Your Halo Collar directly from Halo (and not an authorized reseller), You may obtain a copy of your Plan Confirmation by going to https://www.halocollar.com/my-account/.  If You opt into Halo Care, all Halo Collars You purchased are enrolled in it at the periodic rate then in effect.  If You opt out of Halo Care, all Halo Collars You purchased are opted out of Halo Care.  

If the Halo Care Program is added in the middle of Your Billing Cycle, You will be charged the pro-rated amount for the remainder of the current Subscription Term . If Halo Care is removed in the middle of Your Billing Cycle, the change will not take effect until the end of the current Billing Cycle.  There are no refunds or credits.

If You were on a monthly Membership Plan as of December 6th, 2023 and have the Halo Care Program on at least one Halo Collar linked to Your account, then all of Your Halo Collars will be covered under the Halo Care Program.  However, if you are enrolled in the Halo Care Program prior to December 6th, 2023 and after December 6th, 2023 You make any changes to the Subscription Term, quantity of Halo Collars, or the Level, You will be charged for the Halo Care Program for each Halo Collar linked to Your Membership Plan.

Non-Transferrable

Except where required by local law, the Halo Care Program may not be transferred or assigned to a third-party. Any transfer or assignment from the original purchaser may be canceled by Halo without prior notice, and no refund will be given unless otherwise required by law.

Please note that once a Halo Collar is deactivated as part of a Halo Care Program replacement, it is no longer usable, and should not be used under any circumstances. Please dispose of all deactivated Halo Collars properly as they cannot be repurposed for future use.  You should not return the old Halo Collar to Halo or to the authorized reseller from whom you purchased the old Halo Collar.

All new Halo Collars provided under this Program will be functionally equivalent to the original product. For example, if the line of Halo Collar product offerings has changed, Halo, in its sole discretion, will send to You the replacement Halo Collar that is most similar to Your old Halo Collar that You subscribed to the Halo Collar Program

Payment

You agree to have the credit card (the “Payment Source”) used for your Membership Plan purchase kept on file to automatically charge in advance of the first day of each Billing Cycle following your initial Subscription purchase to renew your Membership Plan, including the Halo Care Program, unless cancelled according to the cancellation terms set forth herein. If your Payment Source cannot be charged for any reason, and You have not otherwise made the appropriate renewal payment on time, your Membership Plan coverage and the Halo Plan Program coverage will cease from the renewal due date. 

Membership fees are billed or charged on the first day of the applicable Subscription Term. If any payment is not received, is returned unpaid or if any credit card or similar transaction is rejected or denied, Halo reserves the right to cancel your Membership Plan and the Halo Care Program (if you subscribed to the Halo Care Program). If You provide a new Payment Source to us and it is successfully charged before your Membership Plan is cancelled, your new Subscription Period will be based on the original renewal date and not the date of the successful charge. Halo reserves the right to attempt to charge any Payment Source we have on record for You multiple times in order to affect a payment, including after a start of the next  Subscription Term.

Automatic Charge

UNLESS YOU CANCEL YOUR  MEMBERSHIP PLAN OR THE HALO CARE PROGRAM BEFORE THE ACTIVATION DATE, YOU UNDERSTAND YOUR MEMBERSHIP PLAN AND THE HALO CARE PROGRAM WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE HALO (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN-APPLICABLE MEMBERSHIP PLAN FEES AND THE HALO CARE PROGRAM FEES (IF APPLICABLE) AT THE THEN-CURRENT RATE AND ANY TAXES FOR EACH SUCCESSIVE TERM, USING ANY PAYMENT SOURCE WE HAVE ON RECORD FOR YOU.

CANCELLATION

Your Cancellation Rights

Regardless of your method of purchase, you may cancel the Membership Plan or cancel or suspend the Halo Care Program at any time for any reason subject to these Terms. You may cancel by logging into your account, clicking on Account/Edit Account Settings/Membership, and following the cancellation procedures described there.  CANCELLATION OF YOUR MEMBERSHIP PLAN AUTOMATICALLY CANCELS YOUR HALO CARE PROGRAM, BUT  CANCELLATION OR SUSPENDING OF YOUR HALO CARE PROGRAM DOES NOT AUTOMATICALLY CANCEL YOUR MEMBERSHIP PLAN. YOU MAY TURN THE HALO CARE PROGRAM ON AND OFF DURING THE SUBSCRIPTION TERM AND WILL BE INVOICED ACCORDINGLY. Unless local law provides otherwise, cancellation will be deferred until midnight on the last day of the Subscription Term for which your last Subscription payment was paid, and no cancellation refund will be provided. Your failure to timely and fully make any Subscription payment will be deemed an expression of your intent to cancel your Membership Plan.

Cancellation with a return for a purchase only at www.halocollar.com:

If You purchased Your Halo Collar(s) from Halo (and not an authorized reseller or other third party) and return it pursuant to our Return Policy, You may cancel Your Membership Plan and the Halo Care Program on the date of the return and Your Membership fee, and Your Halo Collar Program fee (if applicable) will be returned (excluding return  fees).  If You want to cancel Your Membership Plan and the Halo Care Program after sixty (60) days of the date You purchased the Halo Collar, no Membership fees or Halo Care Program fees (if applicable) will be refunded. 

Cancellation with a return for a purchase from an authorized reseller or other third party:

If You purchased Your Halo Collar(s) from an authorized reseller or other third party, You may return it to such authorized reseller or other third pursuant to that party’s return policy.  You must cancel Your Membership Plan and no Membership fees or Halo Care Program fees (if applicable) will be refunded. 

Halo’s Cancellation Rights

If Your Payment Source cannot be charged for any reason for amounts due, including the Membership fee, and You have not otherwise made the appropriate payment by the applicable due date, your Membership Plan may be cancelled for nonpayment and Your Membership Plan coverage will cease from the due date. Additionally, unless applicable local law provides otherwise, Halo may cancel Your Membership Plan for fraud or material misrepresentation, for failure to pay any fees owed under the Membership Plan or the Halo Care Program.  Halo may also cancel Your Membership Plan or Your Halo Care Program, for Halo’s convenience upon thirty (30) days’ prior written notice to You or if the Halo Collar or its parts are no longer reasonably available.

If local law permits and Halo cancels this Program for its convenience or for the unavailability of Halo Collar units, You will receive a pro-rata refund for prepaid Membership fee or Halo Care Program fee (if applicable) applicable to the relevant Subscription Period (for example, if there is a monthly Subscription Term and the Subscription is cancelled on June 15, the refund would provide a pro rata amount for the prepaid remainder of the month, namely, June 16-30).

Upon the effective date of cancellation, Halo future obligations to You under this Membership Plan and the Halo Care Program to you are fully extinguished. If the Membership Plan is cancelled, the Halo Collar will not work properly and You should not use it on Your dog.

We use KORE Wireless Group, Inc. (“KORE”) to deploy and manage the cellular network used by Halo.  You agree and acknowledge that you have no contractual relationship with any of KORE’S resellers (“Resellers”) or the licensed Network Operators that KORE has contracted with to enable the provision of the cellular service or KORE. “Network Operators”  are the designated, regulated operators that have been licensed to establish a PCS network (PCS wireless technology provides users with all in one wireless phone, paging messaging and data service).  You agree that KORE, the Underlying Carriers and Resellers shall have no legal, equitable or other liability of any kind to You.  You acknowledge that the cellular service (“Cellular Service”) may be temporarily refused, interrupted, curtailed or limited because of atmospheric, terrain, or other natural or artificial conditions and may be temporarily interrupted or curtailed due to usage concentrations, modifications, upgrades, relocation and repairs of transmission Network. You agree that KORE, the Underlying Carriers and Resellers shall not be responsible for interruptions of the Cellular Service or the inability to use the Cellular Service. You understand that such wireless service carrier cannot guarantee the security of wireless transmissions and will not be liable for any lack of security relating to the use of the Cellular Service.  You agree and acknowledge that the Cellular Service is part of the Service.

You expressly understand and agree that the liability and obligations of KORE or a Reseller to You under the End User agreement for Cellular Services may be strictly controlled and limited by Underlying Carrier’s tariff, if any, and the laws, rules and regulations of the Federal Communications Commission, the Canadian Radio-television and Telecommunications Commission, and other United States, Canadian, or foreign governmental authorities which from time to time have jurisdiction.

CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOLLOWING LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. In any event, regardless of the form of action, whether for breach of contract, warranty, negligence, strict liability in tort or otherwise, your exclusive remedy and the total liability of Underlying Carrier, KORE, or a Reseller and/or any supplier of services to KORE arising in any way in connection with the Cellular End User Terms of Service, for any cause whatsoever, including but not limited to any failure or disruption of service provided, shall be limited to payment by KORE of damages in an amount equal to the amount charged to You for the Cellular Service provided under this Cellular End User Terms of Service. In no event shall KORE, the Underlying Carrier or the Reseller be liable for any cost, delay, failure or disruption of the Cellular Service, lost profits, or incidental, special, punitive or consequential damages.

You shall indemnify, defend and hold KORE, the Underlying Carrier and the Reseller and all of their officers, employees and agents harmless from and against all claims, causes of action, losses, expenses, liability or damages (including, without limitation, reasonable legal fees and costs), and including without limitation for any personal injury or death, arising in any way directly or indirectly in connection with the; the provision or use of the Cellular Service; or the use, failure to use or inability to use the Number. This provision shall survive the termination of the Cellular End User Terms of Service.  You acknowledge that the Cellular End User Terms of Service is assignable by KORE or the Reseller.  The Cellular Service may be temporarily suspended or permanently terminated without notice in the event that KORE’s agreement with Underlying Carrier is terminated. Unless applicable local law in your jurisdiction provides otherwise, you waive any and all claims against the underlying wireless service carrier, including any roaming carrier, for such suspension or termination.

You understand and agree that the Halo Collar is a wireless device and that the Service works by using a Global Positioning System (“GPS”) and other wireless communication to determine your animals’ location and relaying such information to Halo.  You must be within Halo’s coverage area to use the GPS Service.  The location information provided is an approximate location of the device  Halo has no control over availability of GPS satellite, cellular, Bluetooth  or wi-fi data service on a continuous, uninterrupted basis, in light of factors that may affect such services, many of which may be outside Halo’s control, including, without limitation: (i) equipment damage or malfunctions; (ii) periodic maintenance procedures or repairs which Halo or third party providers may undertake; (iii) location-based interference with GPS signal; (iv) third party cellular service coverage and connectivity; (v) customer or third party wi-fi network operation and internet connectivity; or (vi) causes beyond the control of Halo or that are not reasonably foreseeable, including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. Note that even when service is fully functioning, location reporting is not continuous, but intermittent, with a period between reports from the device that may be between several seconds to several minutes.

User Account

To use the Application and certain Products and Services, you may be required to register with Halo and select a password and username (“Halo User ID”). You shall provide Halo with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account. You shall be responsible for maintaining the confidentiality of your password. If you access the Application or the Services through a third-party site or service, you will provide your third party account credentials to Halo, and you are consenting to have the information in those accounts transmitted into your Halo account.

Fees and Payment Fees

You shall pay all applicable fees in connection with such Products and Services selected by you. Halo reserves the right to change its price list and to institute new charges at any time, upon notice to you, which may be sent by email or posted on the Application. Your use of the Products or Services following such notification constitutes your acceptance of any new or increased charges. Unless otherwise expressly set forth herein, any fees paid hereunder are non-refundable.

Taxes and Fees: You agree to pay all access, usage, activation, and deactivation fees, and other charges that we bill you for or that any user of your Product and Services accepts. Usage charges, taxes, and other fees may vary depending on where, when, and how you use your Product or the Services. You are responsible for, and agree to pay, all taxes, fees, and surcharges (collectively, “Sales Taxes”) set by any governmental agency or taxing authority (other than taxes based on Halo’s net income). Where we bill you for Sales Taxes, you shall pay such Sales Taxes to us concurrently with the amounts on which such Sales Taxes are calculated.  Where we do not bill you for applicable Sales Taxes, you agree to self-assess and pay such Sales Taxes directly to the applicable governmental agency or taxing authority and will provide evidence of such payment to us upon written request for same.

Payments: All payments must be made in U.S. Dollars. Applicable Sales Taxes may be added to the price of purchases of Products and Services. We may change prices at any time.  You may be required to pay in advance by credit card or debit card. All amounts due must be paid by the due date to avoid any late fees and possible deactivation of the Product and Services. We reserve the right to suspend or terminate your access to the Services, deactivate your Product immediately, and report any late payment or non‐payment to credit reporting agencies. We also reserve the right to refuse any order placed through the Application. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

PRODUCTS

We make every effort to display as accurately as possible the colors, features, specifications, and details of the Products available on the Application. However, we do not guarantee that the colors, features, specifications, and details of the Products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the Products. All Products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any Products at any time for any reason. Prices for all Products and Services are subject to change.

Halo Subscription Terms

If you purchase a Halo Subscription, you agree to the terms set forth at Subscriptions Terms & Conditions which are incorporated herein by reference.

Halo Care Plan Terms

If you purchase a Halo Care Plan,  you agree to the terms set forth at Halo Care Terms & Conditions which are incorporated herein by reference.

Halo Referral Policy

If you refer a user who purchases and activates a Halo Collar, you agree to the terms set forth in the Referral Program set forth at https://www.halocollar.com/referral-program which are incorporated herein by reference. Protect Animals With Satellites LLC may change the terms and conditions of the referral program, in whole or in part, including discontinuing the program, at any time without notice.

Halo Return Policy

Please review our Return Policy located at https://www.halocollar.com/unified-terms-and-conditions/#ReturnPolicy prior to making any purchases. This Return Policy is incorporated herein by reference.

SUBMISSIONS

By posting information or content on the Application or on any of our own branded social media sites (e.g., Facebook, Instagram or Twitter) (“User Submissions”), you grant to Halo a non-exclusive, worldwide, royalty-free, perpetual, sublicensable, and transferable right to use such User Submissions in connection with the Services, the Product, the Application, and Halo’s (and its successors’ and assigns’) business, including by reformatting, modifying, creating derivative works of, excerpting, and translating any User Submissions. You understand that all information publicly posted or privately transmitted through the Application, or the Services is the sole responsibility of the person from which such content originated. Under no circumstances will Halo be liable in any way for any User Submissions, including, without limitation, any errors or omissions, or any loss or damage of any kind incurred in connection with use of or exposure to any User Submissions posted, emailed, accessed, transmitted, or otherwise made available via the Application or the Services.

PRIVACY OF PERSONAL INFORMATION

In these Terms, “Personal Information” means any information about an identifiable individual and any information that identifies who you are. Personal Information will be used by Halo solely in accordance with these Terms and Halo’s Privacy Policy, which is located here.

By accepting these Terms, you provide Halo with your express consent to collect, use and dispose of Personal Information that you provide to Halo in accordance with our Privacy Policy, for the purpose of providing you, and any person you authorize, with access to the Application, Products, and Services.

You can permanently remove Personal Information from your account at any time. In case you want to recover the deleted information, Halo may (but provides no representation or warranty that it will) be able, at its sole discretion, to retrieve a back-up copy of the Personal Information which was stored on the Application, Products, and Services for up to thirty (30) days after you instruct us to delete this information. Otherwise, Personal Information, including any that was paid for through the use of the Application, Products, and Services, are permanently removed from the Application, Products, and Services and must be recreated or repurchased therein.

In the event that you save, print, fax, or transmit copies of your Personal Information from the Application, Products, or Services (“Downloaded Information”), you are responsible for maintaining the privacy and security of this information. Halo will not be liable for loss, theft, or any consequences arising from misuse of Downloaded Information.

Any Personal Information placed on the Application, Products, or Services or otherwise provided to Halo, in which all personal identifiers have been removed, such that the information could not reasonably be used to identify the individual, is not considered Personal Information (“De-Identified Information”). You agree that in the event you delete Personal Information from the Application, Products, or Services, Halo may maintain a copy in the form of De-Identified Information. Halo is under no obligation to refrain from reproducing, publishing or otherwise using this De-Identified Information, and may use it, in any way or for any purpose. You agree to not assert any ownership right of any kind on such information (including, without limitation, copyright, trademark, patent, unfair competition, moral rights, or implied contract) and you hereby grant a royalty-free, perpetual, non-exclusive, irrevocable, unrestricted, worldwide license to Halo to use, copy and display all De-Identified Information, and waive the right to receive any financial or other consideration in connection with such De-Identified Information.

TERM AND TERMINATION

These Terms shall remain in full force and effect while you use the Application, Products and Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE APPLICATION (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OF THE APPLICATION, PRODUCT OR SERVICE  OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the content of the Application at any time or for any reason at our sole discretion without notice. We cannot guarantee the Application will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Application, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Application at any time or for any reason without notice to you.  Unless applicable local law in your jurisdiction provides otherwise, you agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Application during any downtime or discontinuance of the Application for any reason whatsoever.

Halo Collar’s Limited Warranty,  Halo Collar’s Limited Warranties are set forth at Warranties and are incorporated herein by reference.

CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW DISCLAIMER OF WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW DISCLAIMERS UNDER THE HEADING “DISCLAIMER OF WARRANTIES”  MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

DISCLAIMER OF WARRANTIES

EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE APPLICATION, SERVICES, AND PRODUCTS ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE BASIS.” YOU AGREE THAT YOUR USE OF THE APPLICATION, SERVICES AND PRODUCTS WILL BE AT YOUR SOLE RISK. YOU FURTHER AGREE THAT COMPLIANCE WITH LOCAL LAW IN YOUR USE OF THE APPLICATION, SERVICES AND PRODUCTS WILL BE YOUR SOLE RESPONSIBILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, IN CONNECTION WITH THE APPLICATION, SERVICES AND PRODUCTS AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE APPLICATION, CONTENT OR THE CONTENT OF ANY APPLICATIONS LINKED TO THE APPLICATION AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE APPLICATION, THE PRODUCT OR SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN (SUBJECT TO, OR IN ACCORDANCE WITH, OUR PRIVACY POLICY), (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE APPLICATION, (5) ANY BUGS, VIRUSES, TROJAN HORSES, WORM, TIME BOMB, OR OTHER HARMFUL COMPUTER CODE, FILE, OR PROGRAM OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE APPLICATION, SERVICES OR PRODUCTS  BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE APPLICATION, SERVICE OR PRODUCT.

OUR PRODUCTS ARE NOT SUBSTITUTES FOR YOUR RESPONSIBILITIES AS THE OWNER OF YOUR PET. WHILE THE HALO COLLAR IS AN EXTREMELY EFFECTIVE TOOL, YOU – THE OWNER – ARE ULTIMATELY RESPONSIBLE FOR ENSURING THE CONTAINMENT, SAFETY, AND LAWFUL AND HUMANE TREATMENT OF YOUR PET. WE DO NOT GUARANTEE CONTAINMENT OF YOUR ANIMAL OR THAT ANY LOST ANIMAL WILL BE FOUND, AND WE DO NOT PROVIDE ANY CUSTOMER SERVICE FOR THE PURPOSE OF SEARCHING AND/OR RECOVERING YOUR ANIMAL. ALERTS SENT BY HALO TO YOU DO NOT IN ANY WAY OBLIGATE US TO TAKE ANY PROACTIVE OR RESPONSIVE ACTION.  IN THE EVENT YOU RECEIVE AN ALERT, WE ARE IN NO WAY RESPONSIBLE FOR THE EMOTIONAL DISTRESS OR REMEDIAL ACTIONS YOU TAKE ON THE BASIS OF THAT INFORMATION. WE ARE NOT RESPONSIBLE IN THE EVENT YOUR PET GETS OUT OF THE CONTAINED AREA OR BECOMES LOST. USING THE HALO COLLAR IN A MANNER OTHER THAN SPECIFIED IN THE USER MANUAL OR INCONSISTENT WITH THE  LAWFUL AND HUMANE TREATMENT OF YOUR PET MAY CAUSE INJURY. YOU ARE RESPONSIBLE FOR MAINTAINING THE FUNCTIONALITY OF ANY PRODUCTS, INCLUDING VIA THE INSTALLATION OF COLLAR AND SYSTEM UPGRADES AS INSTRUCTED, AND WE ARE NOT RESPONSIBLE FOR THE MAINTENANCE OF YOUR HALO COLLAR OR FOR ANY CONSEQUENCES RESULTING FROM A MALFUNCTIONING SYSTEM OR PRODUCT. FURTHERMORE, NO COLLAR, OR FOR THAT MATTER NO FENCE, PHYSICAL OR VIRTUAL, CAN COMPLETELY PREVENT A DOG FROM ESCAPING A CONTAINMENT AREA, OR PREVENT PERSONS OR OBJECTS FROM ENTERING A CONTAINMENT AREA AND HARMING OR TAKING A DOG AND HALO IS NOT RESPONSIBLE FOR SUCH OCCURRENCES. FURTHERMORE, HALO  IS NOT RESPONSIBLE FOR HARM, INCLUDING DEATH, THAT MAY OCCUR TO AN INDIVIDUAL OR OTHER ANIMAL THAT ENTERS AN AREA WHERE A DOG OR OTHER PET IS LOCATED. THE HALO FENCE IS NOT A SOLID BARRIER AND WILL NOT WORK AS INTENDED, WITHOUT YOU – THE OWNER – FOLLOWING OUR TRAINING PROGRAM.  FURTHER, THE PRODUCTS ARE NOT FOR USE WITH VICIOUS ANIMALS OR GUARD DOGS. IF YOU BELIEVE YOUR DOG MAY POSE A THREAT TO OTHERS, DO NOT USE THIS SYSTEM. HALO IS NOT RESPONSIBLE FOR HARM (PHYSICAL OR PSYCHOLOGICAL), INJURY OR DEATH OF YOUR DOG FOR ANY REASON TO INCLUDE, BUT NOT LIMITED TO, EXCESSIVE ELECTRONIC STIMULATION, INJURY OR DEATH WHILE IN A CONTAINMENT AREA, INJURY OR DEATH OUTSIDE A CONTAINMENT AREA, FAILURE TO LOCATE DOG, THEFT OF YOUR DOG, OR ANIMAL ABUSE. WHILE HALO  EMPLOYS INDUSTRY STANDARD TECHNOLOGY AND SYSTEMS MONITORING, IT UTILIZES GPS, CELLULAR. WIFI AND BLUETOOTH NETWORKS THAT ARE NOT WITHIN HALO’S CONTROL.  SEE CELLULAR TERMS OF SERVICE AND GPS SECTION IN THESE TERMS.

PROFESSIONAL DISCLAIMER

The Application provides pet training information for general informational and educational purposes only and is not a substitute for professional advice for your specific dog. Accordingly, before taking any actions based upon such information, we encourage you to consult with the appropriate professionals. You should only use the Product if you and your dog understand and respond to the steps involved in using the Halo Collar properly. UNLESS APPLICABLE LOCAL LAW IN YOUR JURISDICTION PROVIDES OTHERWISE, THE USE OR RELIANCE OF ANY INFORMATION CONTAINED ON THE APPLICATION IS SOLELY AT YOUR OWN RISK.

TESTIMONIAL DISCLAIMER

The Application may contain testimonials by users of our Products and/or Services. These testimonials reflect the real-life experiences and opinions of such users. However, the experiences are personal to those particular users, and may not necessarily be representative of all users of our products and/or services. We do not claim, and you should not assume, that all users will have the same experiences. YOUR INDIVIDUAL RESULTS MAY VARY. The views and opinions contained in the testimonials belong solely to the individual user and do not reflect our views and opinions. We are not affiliated with users who provide testimonials, and users are not paid or otherwise compensated for their testimonials.

LIMITATIONS OF LIABILITY

CERTAIN STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE DISCLAIMERS OR LIMITATIONS UNDER THE HEADING “LIMITATIONS OF LIABILITY” MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

IN NO EVENT WILL WE OR OUR MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE APPLICATION, PRODUCTS AND SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.

INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our respective members, directors, officers, employees and agents, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Application, Services and Products; (2) breach of these Terms; and (3) your violation of the rights of a third party, including but not limited to intellectual property rights. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

USER DATA

We will maintain certain data that you transmit to the Application or through our Services for the purpose of managing the performance of the Application, Product and Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Application, Product and Services.

Unless applicable local law in your jurisdiction provides otherwise, you agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Accessing the Application, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Application, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE APPLICATION.

Unless applicable local law in your jurisdiction provides otherwise, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.

CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

MANDATORY ARBITRATION; CLASS ACTION WAIVER

CERTAIN STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW FOR WAIVERS TO BRING PROCEEDINGS BEFORE A LOCAL COURT OR TO BRING CLASS PROCEEDINGS. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOLLOWING LIMITATIONS UNDER THE HEADING “MANDATORY ARBITRATION; CLASS ACTION WAIVER” MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Any dispute relating in any way to your visit to or use of the Application, purchase or use of the Products, the Services, your relationship or communications with Halo (including indirect communications through third parties), or otherwise related to this Agreement (“Disputes”), shall be resolved exclusively through confidential arbitration, rather than in court, and shall be governed exclusively by the laws of the State of New York, without regard to principles of conflict of laws. The United States Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. Further, any question as to the validity of this Arbitration Agreement shall be submitted to confidential arbitration and decided by an arbitrator. If a Dispute arises under this Agreement, you agree to first contact us at legal@halocollar.com.  Before formally submitting a Dispute to arbitration, you and we may choose to informally resolve the Dispute.

If any Dispute cannot be resolved informally, you agree that any and all Disputes, including the validity of this arbitration clause and class action waiver, shall be submitted to final and binding arbitration before a single arbitrator of the American Arbitration Association (“AAA”) in a location convenient to you or telephonically. Either you or we may commence the arbitration process by submitting a written demand for arbitration with the AAA and providing a copy to the other party. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Dispute Resolutions Procedures, Supplementary Procedures for Consumer-Related Disputes, in effect at the time of submission of the demand for arbitration. The AAA’s rules are available at www.adr.org. A form for initiating arbitration proceedings is available on the AAA’s site at https://www.adr.org. Except as may be required by law as determined by the arbitrator, no party or arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.

Notwithstanding the foregoing, the following shall not be subject to arbitration and may be adjudicated only in the state and federal courts of New York: (i) any dispute, controversy, or claim relating to or contesting the validity of our intellectual property rights and proprietary rights, including without limitation, patents, trademarks, service marks, copyrights, or trade secrets; (ii) an action by us for temporary or preliminary injunctive relief, whether prohibitive or mandatory, or other provisional relief; (iii) any legal action by us against a non-consumer; and (iv) interactions with governmental and regulatory authorities. You expressly agree to refrain from bringing or joining any claims in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class-wide arbitration.

The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement may be joined to an arbitration involving any other party subject to this Agreement, whether through a class action, private attorney general proceeding, class arbitration proceedings or otherwise. If an arbitrator or court decides that any part of this arbitration agreement is invalid or unenforceable, the other parts of this arbitration agreement shall still apply; however, if an arbitrator or court decides that the class action waiver is invalid or unenforceable, then the entirety of this arbitration agreement shall be null and void. YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE IN A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH ARBITRATION. You shall have thirty (30) days from the earliest of the date that you visit the Application, purchase a Product or Service, or submit information through the Application to opt out of this arbitration agreement, by contacting us by email at legal@halocollar.com . If you do not opt out by the earliest of the date that you visit the Application or purchase a Product or Service, or submit any information to us, then you are not eligible to opt out of this arbitration agreement

MISCELLANEOUS

Unless applicable local law in your jurisdiction provides otherwise, these Terms and any policies or operating rules posted by us on the Application or in the Product constitutes the entire agreement and understanding between you and us.

Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time without your consent. We shall not be deemed in default of these Terms to the extent that performance of our obligations or our attempts to cure any breach are delayed or prevented by reason of any act of God, fire, natural disaster, accident, riots, acts of government, pandemics, epidemics, public health emergencies, acts of war or terrorism, shortage of materials or supplies, failure of transportation or communications or of suppliers of goods or services, or any other cause beyond our commercially reasonable control. If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms or use of the Application. You agree that these Terms will not be construed against us by virtue of having drafted them.

Language. It is the express wish of the parties hereto that the Terms of Use and all related documents, including notices and other communications, be drawn up only in English.

CONTACT US/NOTICES

In order to resolve a complaint regarding the Application, Product or Service, to receive further information regarding use of the Application Product or Services, or to communicate with us or to provide notice to us under these Terms, please contact us at:
Protect Animals With Satellites, LLC
50 Tice Boulevard, Suite 340
Woodcliff Lake, NJ 07677
United States
Phone: (US) (214) 712-2270
support@halocollar.com

Halo may provide notices or communications to you on the Application and you agree that such notices shall constitute notice to you whether or not you actually access the notice.

 

End User License Agreement 

This End User License Agreement (“EULA”) governs the software embedded on User’s Product (“Software”) when you download the Application.

License Grant. 

Subject to the terms and conditions in this EULA, Halo hereby grants to you a non- exclusive, non-transferable, limited license to use the Software embedded in the Product. The terms of this EULA will govern any upgrades provided by Halo that replace or supplement the original Software unless such upgrade is accompanied by a separate license in which case the terms of that license will govern. You may activate the Service by downloading the Application located at the Apple App Store and Google Play.

Restrictions.

You agree not to copy, create derivative works, reproduce, modify, or distribute the Software, or otherwise exceed the scope of the foregoing license. Subject to applicable law, you agree not to decompile, reverse engineer, disassemble, or otherwise attempt to learn the source code, structure, or algorithms underlying the Software. You agree not to (i) remove any copyright or other proprietary notice from the Software, (ii) sublicense or transfer the Software to a third party; (iii) extract or replace any part of the Software; or (iv) sell, rent, lease, lend, provide commercial hosting services, or otherwise transfer the Software for value. This EULA does not allow you to use the Software on a Product that you do not own or control, and you may not distribute or make the Software available over a network where it could be used by multiple devices at the same time.

Additional Terms and Conditions for Apple Users. NOTE – The terms and conditions of this paragraph apply to you only if you downloaded the Application through Apple Inc.’s App Store. You acknowledge that this EULA is between you and Halo, and that Apple Inc. (“Apple”) bears no responsibility for the Application and its content. The license grant under this EULA is a non-transferable license to use the Application on any Apple- branded products that you own or control as permitted by this EULA and the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that the Application may be accessed and used by other accounts associated with you via “Family Sharing” (as defined in the Apple Media Services Terms and Conditions) or volume purchasing. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application. In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) of the Application to you; provided that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application. Apple is not responsible for addressing any claims by you or a third party relating to the Application or your use of the Application, including without limitation: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation. In the event of any third-party claim that the Application or your possession and use thereof infringes a third party’s intellectual property rights, Apple will not be responsible for any investigation, defense, settlement, or discharge thereof. Apple and its subsidiaries are third-party beneficiaries of this EULA, and upon Your acceptance of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against You as a third-party beneficiary thereof.

Ownership. 

The Software is licensed and not sold. You agree that Halo and its licensors retain all right, title, and interest in and to the Software and all copies of the Software, including all copyrights therein. The Software is protected by copyright and other intellectual property laws and treaties.

Any rights not expressly granted to you are reserved by Halo. Neither this EULA nor any act by Halo pursuant to or in connection with this EULA (including, without limitation, the delivery or conveyance of any hardware or software product) shall be construed to provide expressly, by implication, by way of estoppel, or otherwise, any license or any rights under any patents, copyrights, or any other intellectual property rights of Halo, except as expressly provided herein.

Export Controls.

You represent and warrant that you are not: (a) located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; or (b) listed on any U.S. Government list of prohibited or restricted parties. You hereby agree that (i) you will comply with all applicable Sanctions and Export Control Laws of the US and Canada, (ii) you are solely responsible for ensuring that the Application is used, disclosed, and/or transported only in accordance with all applicable Sanctions and Export Control Laws of the US and Canada, and (iii) you will not re-export or transfer the Application, in any form, directly or indirectly, to any person or entity based in Cuba, Iran, Syria, Sudan, South Sudan, or North Korea.

Termination. 

This EULA shall terminate immediately, without notice, if you fail to comply with any material term of this EULA. In addition, Halo may terminate this EULA at any time upon notice to you and by posting notice on our Application.

Miscellaneous. 

Your use of software components together with the Software is subject to the terms of your separate license from Halo. Compliance with all copyright laws and software licenses included in this EULA are the responsibility of the user.

Halo reserves the right to change the terms and conditions of this EULA by posting a revised EULA in the Application or mailing or emailing notice thereof to you.  In addition, Halo may add, modify, or delete any aspect, program, or feature of the Application, although Halo is not under any obligation to add any upgrade, enhancement, or modification. Your continued use of the Application following any announced change will be conclusively deemed acceptance of any change to the terms and conditions of this EULA (and acceptance of the version of this EULA then in effect).  Accordingly, please review the EULA found in the Application on a periodic basis.