Seller shall make PetExec application available to buyer within 24 hours of subscribing. Intellectual property of the PetExec program is the sole property of PetExec, Inc and may not be sold, transferred, or used for any other purpose than original intent of managing business operations and marketing without the written permission of PetExec, Inc.
Buyer shall accept the goods and a one time initial set-up fee is waived for the PetExec application to be customized to single business location. The agreed upon monthly fee will cover hosting, database uploads, upgrades, and secure storage of data.
Identification of the goods to this agreement shall not be deemed to have been made until both buyer and seller have specified that the goods in question are to be appropriated to the performance of this agreement.
While PetExec, Inc. has taken every precaution and strives to offer as good a product as possible, there are certain risks in using any information or software and PetExec Inc. cautions you to make sure that you completely understand these risks before retrieving, using, or relying on data.
In no event shall PetExec, Inc. be liable for any special, direct, indirect, incidental or consequential damages, or any other damages of any kind, resulting from whatever cause, including but not limited to loss of use, loss profits, or loss of data, whether in an action under theories of contract, negligence, strict liability or otherwise, arising out of or in any way in connection with the use of or inability to use the information or materials on, or accessed through, the PetExec System.
Furthermore, seller does not warrant that at the time of signing this agreement seller knows, nor has reason to know, of the existence of any outstanding title or claim of title hostile to the rights of seller in the goods.
Buyer shall have the right to try the application and, within and prior to end of first month of service, buyer may give notice to seller of any need for cancellation to qualify for refund. Any time after initial 30 day refund guarantee, buyer must notify PetExec Inc, in writing of plan to terminate plan 30 days before cancellation. Contract will then be cancelled and no further fee will be charged for the time period after the 30 day cancellation notice. The failure of buyer to comply with these conditions shall constitute continuation of normal fees.