Terms of use 

The following terms and conditions (the “Terms of Use”) are an agreement which governs your use of this website or application, and any content made available from or through [www.versatails.com], including any subdomains thereof. [www.versatails.com] is made available by VersaTails Inc. (the “Company” or “We” or “Us”). 

BY USING THE WEBSITE, YOU CONFIRM AND REPRESENT THAT YOU ARE OF LEGAL AGE AND CAPACITY, AND THAT YOU ACCEPT AND AGREE TO THESE TERMS OF USE AND OUR [PRIVACY POLICY] AS APPLIED TO YOUR USE OF VERSATAILS. If You do not agree to these Terms of Use, You may not access or otherwise use VersaTails. We may change the Terms of Use from time to time, at any time with or without notice to You, by posting such changes on VersaTails. Your continued use of VersaTails and/or the services made available on or through VersaTails after any changes to the Terms of Use are posted will be considered acceptance of those changes.

NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING A WAIVER OF TRIAL BY JURY, CLASS OR CONSOLIDATED ACTION THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH THE COMPANY.

What is VersaTails.

VersaTails is a website for the sale of pet essentials. 

Purchasing Products.

Our website may be used by you to purchase the products listed on the website, for individual, consumer purposes. It is your responsibility to satisfy yourself as to every aspect of a product offered on our site before purchasing on our website. All prices are listed in US Dollars. By purchasing a product on the Website, you are accepting personal liability for the purchase price, any applicable taxes, any and all shipping, packing and transit costs, and all other applicable charges. Certain products that You purchase on or through VersaTails may be subject to additional terms and conditions presented to You at the time of such purchase.

Registration.

Certain products and promotions may only be offered to registered users of the Website. While you are not required to register in order to use the Website, you may create a user account in order to enjoy such benefits, by registering with a username, and to provide certain information about yourself or your pets as prompted by the registration form, including a valid email address. You may not use a username for the purpose of impersonating another person or entity. We reserve the right to remove or reclaim usernames which are inactive or otherwise in violation of these Terms of Use or any applicable law. By creating an account, You agree to abide by these Terms of Use and to provide accurate information. Please safeguard your username and password. You accept responsibility for any use of VersaTails under your username and password, and undertake to notify Us immediately if You become aware of any unauthorized use of your username and password. Please be aware that cancelling your account does not affect any purchases made by you on the website prior to such cancellation.

Payments.

In order to complete your purchase, You will be asked by our third party payment processors to provide your full contact information and payment information, including your credit card number, your bank account and routing number, the expiration date of your credit card, your address(es) for billing and delivery, and other information about your financial accounts (such information, “Payment Information”). Such Payment Information will not be obtained nor retained by Us. If You make a purchase, You authorize our payment processor(s) to use the Payment Information to charge your designated payment account. If you make a recurring purchase, the payment processor(s)  may retain your information for future billing, and you shall be responsible for keeping your credit card information up to date. Please do not send Us your credit card details by email or by any other electronic transmission, unless this is done through a secured URL of a third party payment platform provided by Us. We shall not be liable for the storage of or for securing your credit card details provided by You. You may also be contacted by Us or a third party acting on our behalf to arrange for delivery or pickup of purchased items, and conduct any other applicable post-sale activities. You agree to pay for and collect any product purchased from your account, in accordance with these Terms of Use. In case of payment failure, the payment processor(s) may use previously provided Payment Information is order to process a failed payment.

If You have any concerns or objections regarding charges, You agree to raise them first with Us, and You agree not to cancel, reject, chargeback or request reversal of any charges related to a Purchase unless You have made a reasonable attempt at resolving the matter directly with Us. If You cancel any payment made by credit card for any reason or otherwise fails to pay the full purchase price with respect to any product, You will be considered to be in default under these Terms of Use, and will be liable for payment of the full purchase price and any other applicable charges. Without limiting any other remedies available under law, VersaTails shall be entitled to cancel a sale and does not guarantee to keep the product in stock if payment is not remitted in a timely manner.

Delivery and Returns.

An order may be cancelled prior to processing by contacting our customer support using the information listed below. If the order has already been processed, You may return any of your products subject to the full return and refund policies for our products are available here.

Access to VersaTails

Access to VersaTails is made available as a convenience and on a temporary basis, and We reserve the right to suspend or terminate any aspect or feature of VersaTails (including VersaTails in its entirety) at any time, with or without notice. Without limiting the foregoing, We may suspend access to VersaTails to carry out scheduled or unscheduled maintenance or for any other reason at any time.

User Information.

In the course of your use of VersaTails and/or the services made available on or through VersaTails, You may be asked to provide certain personalized information to Us (such information referred to hereinafter as “User Information”). We consider protection of our users' privacy as a high priority. Any information You provide to Us, and your use of information available on our websites, is governed by our Privacy Policy, which is incorporated herein by reference for all purposes. We do not sell or rent your personal information to third parties for their marketing purposes without your express consent. You acknowledge and agree that You are solely responsible for the accuracy and content of User Information.

Proprietary Rights. 

We own, solely and exclusively, all rights, title and interest in and to VersaTails, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, text, software, titles, Shockwave files, etc.), code, data and materials thereon, the look and feel, design and organization of VersaTails, and the compilation of the content, code, data and materials on VersaTails, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein. Your use of VersaTails does not grant to You ownership of any content, code, data or materials You may access on or through VersaTails.

Limited License.

You may access and view the content on VersaTails on your computer, mobile device or other device and, unless otherwise indicated in these Terms of Use or on VersaTails, make single copies or prints of the content on VersaTails for your personal, internal use only. Use of VersaTails and the services offered on or through VersaTails, are only for your personal, non-commercial use.

Prohibited Use.

Any commercial or promotional distribution, publishing or exploitation of VersaTails, or any content, code, data or materials on VersaTails, is strictly prohibited unless You have received the express prior written permission from authorized personnel of the Company or the otherwise applicable rights holder. Other than as expressly allowed herein, You may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on or available through VersaTails. You further agree that you may not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose, any of the content, code, data, or other materials on or available through VersaTails, including, without limitation, the alteration or removal of any trademarks, trade names, logos, service marks, or any other proprietary content or proprietary rights notices. You acknowledge that You do not acquire any ownership rights by downloading any copyrighted material from or through VersaTails. If You make other use of VersaTails, or the content, code, data or materials thereon or available through VersaTails, except as otherwise provided above, You may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.

Trademarks.
The trademarks, logos, service marks and trade names displayed on VersaTails, on our Products or on content available through VersaTails, including the trademark '[VersaTails]' (collectively the “Trademarks”)  are registered and unregistered Trademarks of the Company and others and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders that are likely to cause customer confusion, or in any manner that disparages or discredits their rights holders. All Trademarks not owned by the Company that appear on VersaTails or on or through VersaTails’s services, if any, are the property of their respective owners. Nothing contained on VersaTails should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on VersaTails without the written permission of the Company or the third party that may own the applicable Trademark. Your misuse of the Trademarks displayed on VersaTails or on or through any of VersaTails’s services is strictly prohibited.

Submitted Materials.

Certain areas of the Website may allow you to submit content, including images, product reviews and ratings. Any feedback, comments, or suggestions You may provide regarding VersaTails, its products or the Services are entirely voluntary and are the sole and exclusive property of VersaTails. You hereby irrevocably assign to Us all of your right, title and interest in and to such feedback, comments or suggestions, and We are free to use them as We see fit and without any obligation to You. Unless specifically requested, We do not solicit nor do We wish to receive any confidential, secret or proprietary information or other material from You through VersaTails, by e-mail, by product reviews or in any other way. Any information, creative works, demos, ideas, suggestions, concepts, methods, systems, designs, plans, techniques or other materials submitted or sent to Us (“Submitted Materials”) will be deemed not to be confidential or secret and may be used by Us in any manner consistent with VersaTails’s Privacy Policy. 

By submitting or sending Submitted Materials to Us, You: (i) represent and warrant that the Submitted Materials are original to You, that no other party has any rights thereto, and that any “moral rights” in Submitted Materials have been waived, and (ii) You grant Us and our affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and incorporate in other works any Submitted Materials (in whole or part) in any form, media, or technology now known or later developed, including for promotional and/or commercial purposes. We cannot be responsible for maintaining any Submitted Material that You provide to Us, and We may delete or destroy any such Submitted Material at any time.

Prohibited User Conduct.

You warrant and agree that, while using VersaTails and the various services and features offered on or through VersaTails, You shall not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) insert your own or a third party’s advertising, branding or other promotional content into any of VersaTails’s content, materials or services, or use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes; or (c) attempt to gain unauthorized access to other computer systems through VersaTails. You shall not: (i) engage in spidering “screen scraping,” “database scraping,” harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of users or other information from or through VersaTails or the services offered on or through VersaTails, including without limitation any information residing on any server or database connected to VersaTails or the services offered on or through VersaTails; (ii) obtain or attempt to obtain unauthorized access to computer systems, materials or information through any means; (iii) use VersaTails or the services made available on or through VersaTails in any manner with the intent to interrupt, damage, disable, overburden, or impair VersaTails or such services, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests; or (iv) use VersaTails or VersaTails’s services in violation of any applicable law. 

You further agree that You shall not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with VersaTails or VersaTails’s services, or any content thereof, or make any unauthorized use thereof. You agree that You shall not use VersaTails in any manner that could damage, disable, overburden, or impair VersaTails or interfere with any other party’s use and enjoyment of VersaTails or any of its services. You shall not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through VersaTails.

In addition to any other rules or regulations that we may post in connection with a particular service, you agree that you shall not upload, post, transmit, distribute or otherwise publish through VersaTails or any service or feature made available on or through VersaTails, any materials which (i) restrict or inhibit any other user from using and enjoying VersaTails or VersaTails’s services, (ii) are fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus, spyware, or other harmful component, (vi) contain embedded links, advertising, chain letters or pyramid schemes of any kind, or (vii) constitute or contain false or misleading indications of origin, endorsement or statements of fact. You further agree not to impersonate any other person or entity, whether actual or fictitious, including anyone from the Company You also may not offer to buy or sell any product or service on or through your comments submitted to our forums. You alone are responsible for the content and consequences of any of your activities.

Right to Monitor and Editorial Control.

The Company reserves the right, but does not have an obligation, to monitor and/or review all Submitted Materials posted to VersaTails or through VersaTails’s services or features by users, and the Company is not responsible for any such materials posted by users. However, the Company reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in the Company’s sole discretion are objectionable or in violation of this Terms of Use, the Company Group’s policies or applicable law. 

You hereby acknowledge that We may or may not screen Submitted Materials. The Company and its staff have the right, but no obligation, in its sole discretion, to remove any Submitted Materials. With no restriction to the mentioned above, the Company and its staff have the right to check, deny, or remove any Submitted Materials if it violates any of the Terms of Use, or is otherwise objectionable.

Indemnification.

You agree to defend, indemnify and hold the Company and its affiliates’ directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of VersaTails, your placement or transmission of any content, information or other materials through VersaTails, or your breach or violation of the law or of these Terms of Use. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, and in such case, You agree to cooperate with the Company’s defense of such claim.

Linking to VersaTails.

You agree that if You include a link from any other website to VersaTails, such link shall open in a new browser window and shall link to the full version of an HTML formatted page of this website. You are not permitted to link directly to any image hosted on VersaTails or our services, such as using an “in-line” linking method to cause the image hosted by Us to be displayed on another website. You agree not to download or use images hosted on VersaTails on another website, for any purpose, including, without limitation, posting such images on another site. You agree not to link from any other website to VersaTails in any manner such that VersaTails, or any page of VersaTails, is “framed,” surrounded or obfuscated by any third party content, materials or branding. We reserve all of our rights under the law to insist that any link to VersaTails be discontinued, and to revoke your right to link to VersaTails from any other website at any time upon written notice to You.

Third Party Websites.

You may be able to link from VersaTails to third party websites and third party websites may link to VersaTails (“Linked Sites”). You acknowledge and agree that We have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites, even if they are owned or run by affiliates of ours. Links to Linked Sites do not constitute an endorsement or sponsorship by Us of such websites or the information, content, products, services, advertising, code or other materials presented on or through such websites. The inclusion of any link to such sites on VersaTails does not imply the Company’s endorsement, sponsorship, or recommendation of that website. The Company disclaims any liability for links (1) from another website to VersaTails and (2) to another website from VersaTails. The Company cannot guarantee the standards of any websites to which links are provided on VersaTails nor shall the Company be held responsible for the contents of such sites, or any subsequent links. The Company does not represent or warrant that the contents of any third party websites is accurate, compliant with state or federal law, or compliant with copyright or other intellectual property laws. Also, the Company is not responsible for or any form of transmission received from any Linked Sites. Any reliance on the contents of a third party website is done at your own risk and You assume all responsibilities and consequences resulting from such reliance.

Copyright Agent.

We respect the intellectual property rights of others, and require that the people who use VersaTails, or the services or features made available on or through VersaTails, do the same. If You believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Company Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:

• Your address, telephone number, and email address;

• A description of the copyrighted work that You claim has been infringed;

• A description of where the alleged infringing material is located;

• A 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;

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and

• 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 are authorized to act on the copyright owner’s behalf.

DISCLAIMER OF WARRANTIES.

TO THE FULLEST EXTENT PERMISSIBLE IN ACCORDANCE WITH APPLICABLE LAW, ALL SERVICES, CONTENT, FUNCTIONS, PRODUCTS AND MATERIALS PROVIDED OR ADVERTISED THROUGH VERSATAILS, ARE PROVIDED “AS IS,” “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, PRECISION, CORRECTNESS, THOROUGHNESS, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT THAT VERSATAILS OR THE SERVICES, CONTENT, FUNCTIONS, PRODUCTS OR MATERIALS PROVIDED THROUGH VERSATAILS WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. 

WE ACCEPT NO LIABILITY FOR ANY FAILURES, DELAYS OR ERRORS CAUSED BY INTERRUPTIONS IN THE AVAILABILITY OF VERSATAILS OR OUR WEB SITE OR ANY ERRORS OR DEFECTS IN THEIR CONTENT OR FUNCTIONALITY, ANY SOFTWARE AND/OR HARDWARE DEFECTS (WHETHER YOURS OR OURS) AND/OR ANY INTERNET CONNECTION PROBLEMS (WHETHER YOURS OR OURS) AND WE MAKE NO WARRANTY THAT VERSATAILS OR THE PROVIDED SERVICES WILL MEET USERS’ REQUIREMENTS. 

NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH VERSATAILS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. THE COMPANY ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR EQUIPMENT ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN VERSATAILS OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES OR CONTENT FROM VERSATAILS. IF YOU ARE DISSATISFIED WITH VERSATAILS OR THE PRODUCTS, YOUR SOLE REMEDY IS TO DISCONTINUE USING VERSATAILS OR THE PRODUCTS, AS APPLICABLE. 

WE TRY TO ENSURE THAT THE INFORMATION POSTED ON VERSATAILS IS CORRECT AND UP-TO-DATE. WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON VERSATAILS AT ANY TIME AND WITHOUT ANY PRIOR WARNING. THE COMPANY NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON VERSATAILS, NOR FOR ANY OFFENSIVE, DEFAMATORY, OBSCENE, INDECENT, UNLAWFUL OR INFRINGING POSTING MADE THEREON BY ANYONE OTHER THAN AUTHORIZED THE COMPANY EMPLOYEE SPOKESPERSONS WHILE ACTING IN THEIR OFFICIAL CAPACITIES (INCLUDING, WITHOUT LIMITATION, OTHER USERS OF VERSATAILS). 

IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH VERSATAILS. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE, PRODUCTS OR OTHER CONTENT.

WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, TO THE FULLEST EXTENT PERMISSIBLE IN ACCORDANCE WITH APPLICABLE LAW, THE COMPANY AND ITS AFFILIATES, SUPPLIERS AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS ORDERED OR PROVIDED VIA VERSATAILS, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN CONNECTON WITH THE PRODUCTS ON VERSATAILS OR IN CORRESPONDENCE WITH THE COMPANY OR ITS AGENTS. ANY PRODUCTS ORDERED OR PROVIDED VIA VERSATAILS ARE PROVIDED BY THE COMPANY AND ITS SUPPLIERS “AS IS”.

Without limitation of the foregoing, all products purchased and/or provided through VersaTails are subject only to any applicable warranties of their respective manufacturers, distributors or suppliers, if any. To the fullest extent permissible by applicable law, We disclaim all warranties of any kind, whether express or implied, including but not limited to, the implied warranties of merchantability and fitness for a particular purpose with respect to the products and services listed or purchased on VersaTails. Without limiting the generality of the foregoing, We expressly disclaim all liability for product defects, safety, mislabeling or failure, claims attributable to normal wear, product misuse or modification, abuse, incorrect product selection and not following printed directions.

LIMITATION OF LIABILITY.

The content displayed via VersaTails may contain inaccuracies and typographical errors and We do not warrant the accuracy or completeness of the content, except with respect to Product descriptions, or that any defects will be corrected. Any reliance on any such content, statement, or other information shall be at your sole risk. We reserve the right, in our sole discretion, to correct any errors or omissions in any portion of VersaTails and to make any changes to the features, functionality or content of VersaTails at any time. We make no guarantee as to the duration or manner in which items appear on VersaTails, whether in our catalog, in stock, or otherwise.

IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, TO THE FULLEST EXTEST PERMISSIBLE IN ACCORDANCE WITH APPLICABLE LAW SHALL THE COMPANY, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SUPPLIERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, VERSATAILS OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, USE OF PRODUCTS SOLD THROUGH VERSATAILS, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OF USE OR YOUR USE OF VERSATAILS EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO THE COMPANY FOR PURCHASE OF THE RESPECTIVE PRODUCTS VIA VERSATAILS.

Limitation on claims. Any claim, cause of action, or dispute arising out of or relating to your use of this website, our services, or any products purchased through this website must be commenced within one (1) year after the claim or cause of action first arises or accrues. For purposes of this provision, a claim or cause of action is deemed to first arise or accrue on the date when the alleged damage, injury, or harm first occurs, regardless of when such damage, injury, or harm is discovered or should reasonably have been discovered. To the fullest extent permissible by applicable law. this one-year limitation period applies notwithstanding any contrary provision in applicable law that would otherwise provide for a longer limitation period. Any claim not brought within this one-year period shall be permanently barred and waived. This limitation applies to all claims in law or equity, including but not limited to claims for breach of contract, breach of warranty, negligence, strict liability, misrepresentation, or any other legal theory.

Termination.
The Company may terminate, change, suspend or discontinue any aspect of VersaTails at any time. The Company may restrict, suspend or terminate your access to VersaTails and/or its services if We believe You are in breach of our Terms of Use or applicable law, or for any other reason without notice or liability. The Company maintains a policy that provides for the termination in appropriate circumstances of VersaTails use privileges of users who repeat infringes of intellectual property rights.

Miscellaneous.
Full agreement. These Terms of Use and any other documents referred to herein form the full agreement between You and Us. It governs your use of VersaTails, and replaces any previous version of these Terms of Use between You and the Company regarding VersaTails. Your use may also be subject to additional terms and conditions that may apply when You use or purchase other specific products of a third party. 

Governing Law and Venue. You and the Company hereby agree that these Terms of Use and the relationship between the parties are subject to the laws of the State of New York, apart from provisions of conflict of laws, and that any of and all claims or causes of litigation or disputes arising out of or about Terms of Use, we shall first endeavor to resolve the dispute in good faith between the Parties.  

Dispute Resolution. The parties agree that good faith informal efforts to resolve disputes can, in most cases, offer the most timely and efficient way to resolve disagreements. Before initiating any formal dispute resolution through arbitration (as provided hereunder), we ask that you contact us and allow us to attempt to reach a mutually agreeable solution with you, by contacting us at:

support@versatails.com.

If we are not able to informally resolve your complaint, you and VersaTails agree to individual binding arbitration under JAMS Alternative Dispute resolution (“JAMS”) and the Federal Arbitration Act (“FAA”), and not to sue in court in front of a judge or jury. BOTH PARTIES ACKNOWLEDGE AND AGREE THAT BY AGREEING TO THIS BINDING ARBITRATION PROVISION, BOTH ARE GIVING UP THEIR RIGHT TO TRIAL BY JURY OF ANY CLAIM. EVEN IF A CLAIM IS BROUGHT BEFORE A COURT OF LAW, BOTH PARTIES AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL.

YOU AND VERSATAILS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Unless both you and VersaTails agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.

No Waiver; Severability. The Company’s failure to practice or implement any right or provision of the Terms of Use does not mean the Company waives such right or provision. If any provision of these Terms of Use is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms of Use will remain enforceable and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

No Assignment. You agree that your account at the Company is non-transferable and may not be assigned by You to any third party. The Company shall be entitled to assign its responsibilities hereunder in its sole discretion.

   

Mobile Terms of Service

VersaTails inc

The VersaTails inc mobile message service (the "Service") is operated by VersaTails (“VersaTails inc”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to VersaTails inc’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of VersaTails inc through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with VersaTails inc. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to +18665196298 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other VersaTails inc mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to +18665196298 or email support@versatails.com.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.