Legal

Review Whisker’s privacy policy, terms & conditions, and more.

Privacy Policy

Automated Pet Care Products, LLC. ("Whisker") respects your privacy needs and concerns. Whisker does not sell any personal information of consumers and does not knowingly collect data from or market to children under 18 years of age. If you would like to make a privacy request to opt out of sharing personal information with third parties, make a request to delete your data, or would like further information on how your data is being shared, please submit this form.

Litter-Robot.com: https://www.litter-robot.com/legal/privacy-request.html

Disclaimer

Website Contents

Automated Pet Care Products, LLC., (“Whisker”) strives to provide only the most accurate information on this website. However, no representation is made that the information on this site is always the latest available. The visitor is responsible for verifying the accuracy of any information on which he or she intends to rely.

Whisker reserves the right to change product features, descriptions, and performance displayed on this website, and the terms and conditions under which the products are offered, at any time and without prior notice.

Whisker may contact you with an electronic copy of our newsletter within 90 days of placing an order at which time you will be given the choice to opt out of any further solicitation from us.

Although every effort is made to review the Litter-Robot™ website carefully for typographical and other errors, please be aware that there may be such errors in this site. We advise that you verify information upon which you intend to place any sort of reliance before acting.

This website may contain notices about copyright and proprietary information. Please take note of these notices and comply with them.

External Websites

This website contains links to 'external' sites. These sites were not created by Whisker, and we cannot be held responsible for their content, nor should the existence of a link imply any form of endorsement of the site, its content, or the party sponsoring it. The links are provided for the convenience of the visitors to the Litter-Robot™ site only.

Terms & Conditions

Last updated: November 16, 2022

PLEASE READ THESE TERMS AND CONDITIONS TOGETHER WITH ANY AND ALL OTHER AGREEMENTS, TERMS, CONDITIONS, AND POLICIES REFERENCED HEREIN CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS, INCLUDING DISCLAIMERS, LIMITATIONS, AND EXCLUSIONS OF OUR LIABILITY AND LIMITATIONS AND WAIVERS OF YOUR RIGHTS AND REMEDIES.

THESE TERMS AND CONDITIONS (this “Agreement”) constitute a binding legal agreement between you (“you”, “your”, “yourself”, and words of like meaning) and Automated Pet Care Products, LLC d.b.a. Whisker ("Whisker" or "Company" and words of like meaning) and sets out the terms and conditions that apply to your access and use of this website and/or mobile application and/or any other related websites, applications, features, widgets, social media accounts, and/or online services (collectively, the “Websites”). The Websites are owned and operated by Whisker and made available to you subject to your compliance with the terms and conditions of this Agreement. For information about how Whisker collects, uses, and shares personal information, please review our Privacy Policy. This Agreement must be read in conjunction with our Privacy Policy, which is incorporated into by reference and forms an integral part of this Agreement. Please read this Agreement together with our Privacy Policy in its entirety carefully, as it contains important information about your legal rights, remedies, and obligations, and be sure to occasionally check back from time to time for updates, amendments, and modifications.

Whisker reserves the right (in its sole discretion) to amend, restate, replace, supplement, or otherwise modify this Agreement at any time and from time to time, including to respond to any changes to internet technology or Applicable Law. Unless Whisker obtains your express consent, any revisions to the Privacy Policy will apply only to information collected by Whisker after such revisions take effect, and not to information collected under any earlier versions of the Privacy Policy. You should review this Agreement regularly for any such amendments, restatements, replacements, supplements, or modifications. By accessing or using the Websites (or any portion thereof) after any such amendments, restatements, replacements, supplements, or modifications, you agree to be bound by, and comply with, this Agreement, as so amended, restated, replaced, supplemented, or modified. If any such amendment, restatement, replacement, supplement, or modification is not acceptable to you, you must immediately cease accessing and using the Websites.

BY ACCESSING AND USING THE WEBSITES (OR ANY PORTION THEREOF) IN ANY MANNER WHATSOEVER YOU: (A) REPRESENT AND WARRANT TO AND IN FAVOUR OF WHISKER THAT: (I) YOU HAVE READ AND UNDERSTOOD ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT; AND (II) YOU HAVE THE AUTHORITY TO ENTER INTO AND BE LEGALLY BOUND BY THIS AGREEMENT AND TO GRANT US ALL PERMISSIONS AND LICENCES PROVIDED IN THIS AGREEMENT; AND (B) COVENANT AND AGREE THAT YOU FREELY ACCEPT AND AGREE TO BE BOUND BY AND COMPLY WITH ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT UNDERSTAND OR AGREE TO BE BOUND BY AND COMPLY WITH ANY OF THE TERMS OR CONDITIONS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO ACCESS OR USE THE WEBSITES (OR ANY PORTION THEREOF) AND YOU SHOULD NOT AGREE TO THIS AGREEMENT. IF YOU NOTICE ANY ERRORS IN THIS AGREEMENT YOU SHOULD NOT AGREE TO THIS AGREEMENT AND NOTIFY US OF SUCH ERRORS VIA EMAIL AT SUPPORT@WHISKER.COM.

The Websites.
1. Licence. Subject to your compliance with the terms, restrictions, and conditions of this Agreement, Whisker grants you a personal, non-exclusive, non-sublicensable, non-transferrable, revocable as stated in this Agreement, licence to access and use the Websites for your own personal, household, non-commercial use (the “Licence”). All rights and licences not so expressly granted are expressly reserved by Whisker. You may access and use the Websites (in whole or in part) only in accordance with the terms, restrictions and conditions and Applicable Law. No part of the Websites or any Content may be reproduced, duplicated, copied, modified, sold, resold, distributed, transmitted, or otherwise exploited for any commercial purpose without the prior express written consent of Whisker. Unless and only to the extent otherwise expressly stated in this Agreement, this Agreement grants you no rights to the intellectual property of Whisker or any other Person. The Licence is conditioned on your compliance with this Agreement and will immediately terminate if you have breached any provision of this Agreement.
2. WHISKER PARTIES. YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT WHISKER AFFILIATES AND WHISKER AND ITS AFFILIATES’ RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, CONSULTANTS, AGENTS, PROFESSIONAL ADVISORS, REPRESENTATIVES, LICENSORS, AND SUPPLIERS AND ALL THIRD-PARTY PAYMENT PROCESSORS AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS (EACH, A “WHISKER PARTY”) ARE INTENDED THIRD-PARTY BENEFICIARIES OF THIS AGREEMENT.
3. Content. The Websites contain content provided by Whisker and third parties, including the following:
  1. information related to the products and services of Whisker and certain third parties, including product descriptions, features and specifications as well as pricing, fees, charges, shipping details, and payment terms;
  2. information, data, text, editorial content, literary works, personal profiles, articles, publications, written materials, events;
  3. pictures, logos, designs, graphics, images, photographs, artwork, and other artistic works;
  4. musical works, performances, and other sounds;
  5. videos and audio-visual works; and
  6. selections, arrangements, compilations, modifications, and enhancements of any of the foregoing.
Restrictions on Access and Use of the Websites and Content
1. Eligibility. By accessing or using the Websites (or any portion thereof), including by doing so after accessing this Agreement, you represent and warrant that:
  1. you are at least 18 years old and are otherwise legally qualified to enter into and form contracts under Applicable Law in the jurisdiction of your residence; and
  2. if you are accessing or using the Websites (or any portion thereof) for or on behalf of any person, including any individual, corporation, partnership, association, trust, or any other entity (each, a “Person”), you further represent and warrant that you are authorized to act and enter into contracts on behalf of that Person.
2. Restrictions on Access and Use of the Websites and Content. You agree to use the Websites, Content and Licence only as expressly set out in and permitted by this Agreement. Without limiting the generality of the foregoing, unless and only to the extent otherwise expressly permitted by this Agreement or in writing by Whisker, you will not, on your own or with any other Person, directly or indirectly:
  1. provide false, misleading, or inaccurate information to Whisker or any other Person in connection with the Websites;
  2. create additional accounts to promote your or any other Person’s business or cause or enable others to do so;
  3. pay anyone for interactions on the Websites (or any portion thereof);
  4. modify or change the placement and location of any advertisement posted through the Websites (or any portion thereof);
  5. harvest or otherwise collect information about users, including personal information;
  6. unless and lonely to the extent otherwise expressly agreed to in writing by Whisker, use or attempt to use any engine, software, tool, agent, or other device or mechanism (including browsers, spiders, robots, avatars, or intelligent agents) to harvest or otherwise collect information from the Websites;
  7. access or use the Websites, Content or any other Whisker Property (in whole or in part) in any way or for any purpose that violates Applicable Law or any of the terms and conditions of this Agreement or is not expressly permitted by this Agreement;
  8. access or use the Websites, Content or any other Whisker Property (in whole or in part) for any purpose that violates the rights of Whisker or any other Person;
  9. access or use any portion of the Websites or any other Whisker Property that is not expressly authorized by Whisker for use by you;
  10. access or use any content or data not intended for you or log into a server or account that you are not authorized to access;
  11. impersonate or otherwise misrepresent affiliation, connection, or association with Whisker or any other Person or access or use the Websites (in whole or in part) for any purpose or in any manner that falsely implies the endorsement of you by Whisker, a partnership with Whisker, or otherwise misleads others as to your affiliation or relationship with Whisker;
  12. exploit the Websites, Content or any other Whisker Property (in whole or in part), including by trespass or burdening network capacity;
  13. reproduce the Websites, Content or any other Whisker Property (in whole or in part) in any form or by any means;
  14. make available, distribute, display, post, disseminate, publish, republish, transmit, re-transmit, communicate to the public, or broadcast the Websites, Content or any Whisker Property (in whole or in part);
  15. permit any other Person to use the Websites, Content or Licence or any other Whisker Property (in whole or in part) or re-licence or sublicence any of the foregoing (in whole or in part) to any Person;
  16. use the Websites (in whole or in part) in the operation of a service bureau or process or permit to be processed the information or data of any Person;
  17. copy, store, or otherwise access or use any information, including personal information of any Person (other than you) contained on or accessible by way of the Websites in any way that is inconsistent with this Agreement or that otherwise violates Applicable Law or the privacy rights of any Person;
  18. use the Websites (or any portion thereof) in connection with the transmission or distribution of unsolicited commercial electronic message in violation of Applicable Law;
  19. integrate any software with the Websites or any software associated with the Websites or any other Whisker Property (in whole or in part);
  20. modify, copy, duplicate, virtualize, mirror, create derivative works of, reverse engineer, decompile, disassemble, translate or otherwise reduce to a human-perceivable form or otherwise exploit the Websites, Content or any other Whisker Property (in whole or in part), the Websites’ architecture, layout, or design, any associated web page or form contained thereon, any associated templates, software, or source code, or any other Whisker Property (in whole or in part), including make use of any data schemas or dictionaries, or attempt to do any of the foregoing or allow or enable any Person to do the same;
  21. modify software or any other technological mechanism for measuring the number of impressions generated by individual content and/or the Websites (or any portion thereof) to determine and/or audit advertising revenues and payments, if applicable, or any attempt to do any of the foregoing or allow or enable any Person to do the same;
  22. scrape, whether by way of screen scraping or database scraping, the Websites (in whole or in part) or use any robot, spider, or crawler or otherwise interact with the Websites or engage in any other activity intended to collect, store, reorganize, summarize, or manipulate any Whisker Property (in whole or in part), whether by automatic or manual programs, means, or processes;
  23. avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Whisker or any Person for or on behalf of Whisker to protect the Websites or any other Whisker Property;
  24. attempt to probe, scan, or test the vulnerability of the Websites or any associated system or network (or any portion thereof) or breach security or authentication measures without proper authorization;
  25. interfere or attempt to interfere with the use of the Websites, Content or any other Whisker Property (or any portion thereof) by any other user, host, or network, including by submitting malware or exploiting software vulnerabilities;
  26. forge, modify, or falsify any network packet or protocol header or metadata in any connection with, or transmission to, the Websites (or any portion thereof) (e.g., SMTP email headers, HTTP headers, or Internet Protocol packet headers);
  27. take any action that damages or adversely affects or could damage or adversely affect the performance or proper functioning of the Websites or any associated software;
  28. sell, licence, sublicence, transfer, rent, lease, loan, or engage in any other commercial transaction relating to the Websites, Content or any other Whisker Property (in whole or in part) or any reproduction of all or any portion thereof in any medium;
  29. dilute, tarnish, or otherwise harm Whisker brand or reputation in any way, including through unauthorized use of the Websites or Content (in whole or in part), registering or using any Whisker Marks or derivative terms in domain names, trade names, trademarks, or other source identifiers, or registering or using domain names, trade names, trademarks, or other source identifiers that closely imitate or are confusingly similar to any Whisker Marks or Whisker domains, taglines, promotional campaigns, or any other Whisker Property;
  30. violate or infringe any Person’s rights (including intellectual property rights) or otherwise cause harm, injury, illness, or death to any Person or any losses to any tangible or intangible property; or
  31. bid on or register search engine keywords, Google Ads or Google AdWords, search terms or other identifying terms or domain names that include any Whisker Marks, domains, taglines, promotional campaigns, or any other Whisker Property (in whole or in part) or any variations thereof for use in any search engine, portal, sponsored advertising service or other search or referral service.
3. Compliance with Applicable Law. You acknowledge and agree that you are solely responsible and liable for compliance with any and all domestic and foreign laws, rules, statutes, subordinate legislation, regulations, by-laws, orders, ordinance, protocols, codes, guidelines, treaties, policies, notices, directions, or judicial, arbitral, administrative, ministerial, or departmental judgments, awards, decrees, treaties, directives, or other requirements or guidelines published or in force at any time that apply to this Agreement, the Websites, the Content, Your Content, or either party or is otherwise intended to govern or regulate any Person, property, transaction, activity, event, or other matter in connection therewith, including any and all rules, orders, judgments, directives, or other requirements or guidelines issued by any governmental or regulatory authority in any jurisdiction and any and all tax obligations that may apply to your use of the Websites (or any portion thereof). (“Applicable Law”). You will not breach or circumvent any Applicable Law or this Agreement.
4. Other Restrictions. Whisker may make your access to and use of the Websites or certain areas or features of the Websites subject to additional and/or separate policies, requirements, standards, or guidelines or your acceptance of and agreement to additional terms, restrictions, and conditions, including your proper completion of verification processes or that you meet specific quality or eligibility criteria, or your user history. If there is a conflict or inconsistency between the terms and conditions of this Agreement and the terms and conditions applicable to a specific area or feature of the Websites, the latter terms and conditions will take precedence to the extent necessary to resolve any such conflict or inconsistency with respect to your access to or use of that area or feature, unless and only to the extent otherwise specified in the latter terms and conditions.
5. Non-Commercial Use. You understand, acknowledge, and agree that:
  1. your access and use of the Websites and/or Content (or any portion thereof) is for your own personal, household, non-commercial use only; and
  2. the Websites, Content and any and all products and services of Whisker and its affiliates and their respective agents and trading partners may not be accessed, used, reproduced, duplicated, copied, modified, sold, resold, distributed, transmitted, or otherwise exploited for any commercial purpose without the prior express written consent of Whisker.
6. Prohibition on Resale by Unauthorized Distributors and Resellers. By accessing and using the Websites (or any portion thereof), you represent and warrant to and in favour of Whisker that:
  1. your purchase of any products and services from Whisker, including through the Websites, are for your own personal, non-commercial use only;
  2. you will not distribute or resell any Whisker product or services in new condition, including by way of any online marketplace, including on Amazon.com or eBay.com and other marketplaces;
  3. you will not make any false claims of affiliation with or endorsement by Whisker;
  4. you will not advertise or sell any Whisker products or services, including with an altered or removed serial number or UPC code;
  5. you understand, acknowledge, and agree that any unauthorized distribution or resale of any Whisker products or services, including as described in this Agreement, will immediately void any and all warranties associated with such Whisker products and services; and
  6. you will not run any advertising for any Whisker products or services (including the LITTER-ROBOT™ unit) on any paid search or media platform.
7. Authorized Distributors and Resellers. To protect customers and its own intellectual property, including its brand and goodwill, Whisker products and services are only available for purchase through Whisker directly or its authorized distributors and retailers. Whisker authorized distributors bear one of the following designations:
  1. “Exclusive Distributors” that are exclusively certified to sell and service in a specific geographic region (e.g., Europe);
  2. “Authorized Distributors” that are certified to sell and service in a specific geographic region, but not exclusively;
  3. “Authorized Sales Agents” that are certified only to sell in a specific geographic region; and
  4. “Local Distribution Partners” that are certified only to sell in a specific geographic region.
8. Maintenance, Upgrades, and Availability. Whisker may restrict the availability of the Websites or certain areas or features thereof (in whole or in part) as Whisker may determine in its sole discretion is necessary or desirable, including in view of capacity limits, the security or integrity of the Websites (or any portion thereof), our servers, third-party servers or capabilities, or to carry out maintenance measures that ensure the proper or improved functioning of the Websites. Whisker may improve, enhance, and/or modify the Websites (in whole or in part) and introduce new products and services at any time and from time to time.
9. Third-Party Content. The Websites (or any portion thereof) may be linked with or to the websites, mobile applications or social media accounts of third parties, including related content, such as opinions, advice, statements, information, software, and products and services (“Third-Party Content”). Some of these third parties may or may not have established relationships with Whisker. Whisker does not have control over Third-Party Content, including the suitability or performance thereof. Whisker has not reviewed, and cannot control, any Third-Party Content. Accordingly, Whisker does not represent, warrant, or endorse any Third-Party Content, or the accuracy, currency, content, fitness, lawfulness, or quality thereof. You acknowledge and agree that:
  1. the applicable third-party authors are solely responsible and liable for Third-Party Content;
  2. Whisker does not: (A) guarantee the accuracy, completeness, or usefulness of any Third-Party Content; or (B) adopt, endorse, or accept responsibility for the accuracy or reliability of any Third-Party Content, including for greater certainty any opinion, advice, or statement made by any third-party by way of or through the Websites (or any portion thereof); and
  3. under no circumstances will Whisker be responsible for and Whisker expressly disclaims and you agree to assume, any and all responsibility and liability for any Claims or Losses, whether to you or to third parties, resulting from your use of or reliance on any Third-Party Content.
10. Third-Party Features. You acknowledge and agree that Whisker may from time to time enable features that allow you to authorize certain third-party service providers to take certain actions that affect your User Account. These features will not require that you share your User Account credentials with any other Person. No Person (other than you) is authorized to ask for your credentials.
11. Third-Party Interactions. In connection with your access and use of the Websites, you may enter into correspondence with or purchase or participate in products or services of third parties (“Third-Party Services”). You acknowledge and agree that third-party service providers may require your agreement to additional or different terms and conditions prior to your use of or access to Third-Party Services and any such activity and any terms and conditions in connection therewith is solely between you and the applicable third-party service provider.
12. Monitoring. You acknowledge and agree that Whisker has the right, but no obligation whatsoever, to monitor your access to or use of the Websites and to review, edit, remove, and/or disable your access to any content on the Websites, including Your Content. You agree to cooperate with and assist Whisker in good faith and provide Whisker with such information and take such actions as may be reasonably requested by Whisker with respect to any investigation undertaken by Whisker regarding the use or abuse of the Websites (in whole or in part).
User Accounts.
1. Restrictions on Accounts. In order to register, access, and use a User Account, you must be at least 18 years old and you must be able to enter into legally binding contracts in the jurisdiction of your residence.
2. User Account. To access and use certain portions of the Websites and/or certain Whisker products and services, or to place an order or enter into a subscription plan, you may be asked or required to create a user account (“User Account”) and to provide personal information. You can register for your User Account by way of the Websites. You must provide valid, accurate, current, and complete inputs and information during the process of registering your User Account and keep your User Account information valid, accurate, current, and complete at all times. By creating your User Account, you reaffirm to and in favour of Whisker that you have the authority to enter into and be legally bound by this Agreement and to grant us all permissions and licences provided in this Agreement. You may not register more than one (1) User Account unless Whisker authorizes you to do so in writing. You may not assign or otherwise transfer your User Account to any Person without the express written consent of Whisker. You have the ability to cancel your User Account at any time by notifying us via email to support@whisker.com.
3. Account Accuracy. You represent and warrant to and in favour of Whisker that all information you provide in connection with your User Account and your use of the Websites is current, complete, and accurate, and you agree that you will update that information as necessary to maintain its currency, completeness, and accuracy by updating your User Account. You agree that you will not submit any fake content (including any User Account, username, likeness, or profile) to willfully and/or credibly impersonate another Person, whether actual or fictitious. If Whisker believes, in its sole discretion, that any information you provide is not current, complete, or accurate, Whisker has the right to terminate or suspend your access to the Websites (in whole or in part) and/or your User Account and/or terminate this Agreement. For greater certainty, you must use your real name when creating a User Account or otherwise in connection with the Websites. Pseudonyms are not allowed. Any use of a pseudonym is a breach of this Agreement and cause for suspension or deletion of your User Account and/or the termination of this Agreement by Whisker.
4. Account Security. When creating your User Account and from time to time thereafter, you will be asked to provide, confirm, reconfirm, update, and/or change your username, password, and possibly other information to secure your User Account. You may not use the username or password of any other Person, nor may you share your username or password, nor may you circumvent any authentication mechanism requiring the entry of usernames, passwords, or any other information to gain unauthorized access to the Websites or your User Account or the User Account of any other Person. You will control and maintain the security of all identification codes and passwords used by you in relation to the Websites and access to the Websites, including your User Account credentials, be solely responsible for all instructions, commitments, and other actions or communications taken under such identification codes or passwords, and promptly report to Whisker any errors or irregularities in the Websites (in whole or in part) or any unauthorized use of any part thereof. You agree to immediately notify Whisker via email to support@whisker.com if you know or have any reason to suspect that your User Account credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your User Account. You acknowledge and agree that:
  1. you are solely responsible and liable for maintaining the confidentiality and security of your User Account and User Account credentials, including your username and password, and you will not disclose your User Account credentials to any Person;
  2. you are solely responsible and liable for any and all activities conducted through your User Account;
  3. Whisker will not be liable for any loss that you incur because of someone else accessing or using your User Account, either with or without your knowledge; and
  4. you may be held liable for any losses incurred by Whisker or any Whisker Party due to someone else’s access or use of your User Account.
5. Your Content. From time to time, and at its sole discretion, Whisker may authorize and allow for you to upload, post, or otherwise share content, including written, photo or other media, to the Websites (“Your Content”). You acknowledge and agree that:
  1. Your Content may be visible to third parties, including other users;
  2. You are solely responsible and liable for Your Content;
  3. Whisker reserves the right to remove, edit, limit, or block access to any of Your Content at any time; and
  4. Whisker will have no obligation whatsoever to display, review, edit, limit, block, or remove any of Your Content.
6. Restrictions on Your Content. You acknowledge and agree that you will not post, upload, or otherwise share any content to the Websites (or any portion thereof) that:
  1. contains language or imagery that could be deemed offensive or is likely to harass, upset, embarrass, alarm, or annoy any other Person;
  2. is obscene, pornographic, violent, or otherwise may offend human dignity;
  3. is abusive, insulting, threatening, discriminatory, or which promotes or encourages racism, sexism, hatred, or bigotry;
  4. encourages any illegal activity, including terrorism, or incites racial hatred or the submission of which in itself constitutes committing a criminal offence;
  5. is defamatory or libelous;
  6. invades the privacy of others (e.g., doxing);
  7. unless and only to the extent otherwise expressly permitted by this Agreement, relates to commercial activities, including sales, competitions and advertising, or links to other websites or premium line telephone numbers;
  8. involves the transmission or distribution of unsolicited commercial electronic messages in violation of Applicable Law;
  9. contains any spyware, adware, viruses, corrupt files, worm programs or other malicious code designed to interrupt, damage, limit the functionality of, or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse, or any other material designed to damage, interfere with, wrongly intercept, or expropriate any data or personal information whether from Whisker or otherwise;
  10. itself, or the posting of which, infringes any Person’s rights (including intellectual property rights and privacy rights); or
  11. shows another Person which was created or distributed without that Person’s express consent.
7. Your Licence. You are always the owner of Your Content, provided however that, by sharing Your Content to the Websites (or any portion thereof), you automatically grant Whisker a non-exclusive, royalty free, irrevocable, fully sub-licensable, perpetual, worldwide right and licence to access, use, copy, reproduce, edit, modify, adapt, display, publish, perform, translate, reformat, create derivative works from, incorporate into other works, distribute, advertise, market, promote, and/or otherwise make available (including to the general public) Your Content throughout the world in any format or media now existing, currently known, or in the future created or developed in any way without notice or compensation to you or your approval (“Your Licence”). By sharing Your Content to the Websites (or any portion thereof), you represent and warrant to and in favour of Whisker that you have all necessary rights and licences to do so and to grant Your Licence. You acknowledge and agree that Whisker may assign, transfer, or sub-licence Your Licence to any Person without notice or compensation to you or your approval. Without limiting the foregoing, you acknowledge and agree that, pursuant to Your Licence, Whisker may repost Your Content on the Websites, social media accounts, pages controlled by Whisker, and/or in Whisker advertising. For greater certainty, no commission, royalty, or other payment will be required of Whisker in exchange for such use.
8. Reviews and Comments. With respect to any product reviews or comments provided by you as part of Your Content or otherwise, you represent and warrant that such reviews or comments are true and accurately represent your experience as a bona fide user of the Product. You understand and agree that, pursuant to Your License, Whisker will have the right to republish all or part of your reviews and comments on the Websites or in advertising or other media as Whisker deems fit. Whisker never edits user reviews. However, Whisker does reserve the right to withhold reviews from being published on the Websites (or any portion thereof) in its sole discretion and for any reason whatsoever. You acknowledge and agree that you are not permitted to post or publish any reviews regarding or that identify or “dox” any Person (other than Whisker) or that include infringing content, trade secrets, or otherwise violate the intellectual property rights of any Person, or reviews that are obscene, lewd, or vulgar, and so forth.
Payment Terms.
1. Fees and Charges. The fees for Whisker products and services and otherwise in connection with the Websites (the “Fees”) and any and all charges, costs, or expenses (other than the Fees) payable by you in connection with the Websites and this Agreement, including those payable to third-party service providers, including Third-Party Payment Processors (the “Charges”) are set out on the Websites or will otherwise be displayed to you by way of the Websites prior to Whisker or any Third-Party Payment Processor charging your Payment Method. Whisker will have the right, in its sole discretion, to determine the Fees. Whisker and/or third parties will have the right, in their sole discretion, to determine any and all Charges. You agree to pay Whisker and/or the applicable Third-Party Payment Processor the Fees and any and all Charges in accordance with the terms and conditions of this Agreement or the applicable agreement, document, or instrument governing such Charges, as applicable.
2. Additional Disclosures. In addition to the terms and conditions of this Agreement, you may be required to agree to additional terms and conditions at the time of payment or during the ordering process. Please pay attention to these additional terms and conditions.
3. Shipping. Most orders are shipped within ten (10) business days. Regarding subscription plans, Whisker will notify you by email at least three (3) days before your credit or debit card is charged for the next shipment.
4. Payment Method. In order to pay for and receive any Whisker products or services by way of the Websites (or any portion thereof) and/or register for a User Account, you must provide Whisker with a valid financial instrument, including a valid credit card, debit card, or PayPal account or other method of payment acceptable to Whisker from time to time, in its sole discretion (“Payment Method”). All payments made by way of the Websites by Whisker are secured with Internet-standard TLS (also known as HTTPS) encryption. When you are prompted to provide your Payment Method, you will be asked to provide Whisker and/or our Third-Party Payment Processors with customary billing information, such as name, billing address, shipping address, Payment Method and other financial instrument information, for use by Whisker or Third-Party Payment Processors to process payments in connection with the Websites. Your billing address must be the same as the shipping address. You will be required to provide Whisker with valid, accurate, current, and complete information when adding your Payment Method and to update and correct your Payment Method with Whisker, as required, to ensure that your Payment Method is at all times valid, current, complete, and accurate. You agree not to use any fraudulent, stolen, or falsified payment information in submitting any order or other transaction to Whisker. If your Payment Method changes as a result of re-issuance or otherwise, we may acquire that information from third parties and update your Payment Method on file in your User Account. You authorize Whisker and any and all Third-Party Payment Processors to store and use any and all information you provide for use in maintaining your Payment Method and charging your Payment Method for any and all Fees, Charges, and associated Taxes. You acknowledge and agree that:
  1. you are solely responsible and liable for the accuracy and completeness of your Payment Method;
  2. failure to maintain valid, current, complete, and accurate information in your Payment Method may result in your inability to access and use the Websites or purchase Whisker products and services (in whole or in part);
  3. Whisker is not responsible for any Claims or Losses suffered by you as a result of incorrect Payment Method provided by you or otherwise in connection with your Payment Method; and
  4. Whisker may use Third-Party Payment Processors to access, hold, use, and process your Payment Method to process payments made by you to Whisker and, in such circumstances, the processing of payments or refunds, as applicable, will be subject to the terms and conditions of the applicable Third-Party Payment Processor and your credit card issuer.
5. Payment Authorization. You authorize Whisker and our agents and Third-Party Service Providers to charge your Payment Method the Fees, Charges, and associated Taxes. You hereby agree that you will not charge back, annul, or void any payment transactions for Fees, Charges, or associated Taxes, except as and only to the extent permitted by Applicable Law.
6. Subscription Plans. Whisker may offer subscription plans for recurring orders or shipments of certain Whisker products and services (e.g., once per month), according to the subscription plan selected by you at the time of purchase. If you choose to enroll in any such subscription plan, you understand, acknowledge, and agree that, in addition to any previous purchases you may have made, your Payment Method will be charged for additional orders and shipments without obtaining further permission or confirmation from you. To change or cancel a subscription plan, you may log into your User Account via the Websites and make changes there. You may also contact us via email at support@whisker.com. Changes and cancellations must be made no later than three (3) business days in advance of the next scheduled shipment to allow Whisker time to process your change or cancellation. Whisker will notify you by email at least five (5) days before your credit or debit card is charged for the next shipment. Whisker reserves the right, in its sole discretion, to change or revise the recurring Fees, Charges, and payment terms associated with your subscription plan. However, such changes or revisions will only be made after notice is provided to you by email with sufficient time (at least 30 days before the changes come into force) for you to cancel or change your subscription plan. You may cancel or change your subscription plan no later than 30 days after the effective date of such changes or revisions without cost, penalty, or cancellation indemnity by sending Whisker a notice to that effect. In all cases, you remain responsible for paying the price of the product or service provided up to the date your subscription plan ended. Whisker also reserves the right, in its sole discretion, to cancel a particular subscription plan altogether (e.g., when a Whisker product or service is no longer available).
7. Payment Terms. On or before the purchase or renewal, as applicable, of any Whisker products or services, we will invoice you and either we or a Third-Party Payment Processor will charge your Payment Method. Unless and only to the extent otherwise expressly provided in this Agreement, we will invoice and charge your Payment Method in advance of you receiving any products or services. Invoiced amounts are due immediately upon the time and date of the invoice. Once a payment transaction for Fees or Charges is successfully completed, you will receive a confirmation email. If Whisker is unable to collect from your designated Payment Method, you agree that Whisker may charge any other Payment Method on file in your User Account, otherwise collect payment from you and pursue any rights or remedies available to Whisker, or deny you access to any products or services you selected.
8. Interest on Late Payments. Where you fail to pay any Fees or Charges or any associated Taxes or any other amounts pursuant to and in accordance with the terms and conditions of this Agreement, Whisker will have the right, in addition to any other rights or remedies available to it, to charge, and you will pay, interest on such overdue amounts at the rate of the lesser of:
  1. one and one half percent (1.5%) per month calculated daily and compounded monthly from the date of the invoice; and
  2. the maximum rate of interest permitted by Applicable Law.
9. Fee Changes. Whisker reserves the right to change the Fees and Charges at any time and from time to time in accordance with Applicable Law. You should review the Websites regularly for any such changes.
10. Taxes. The Fees and Charges are exclusive of any and all sales, use, value added or other taxes, federal, provincial, state, or otherwise, however designated (including HST, GST, and PST), which may be levied or imposed by reason of any transaction contemplated in connection with the Websites (or any portion thereof), including the purchase and sale of any Whisker products or services (“Taxes”). In addition to the Fees and Charges and any other amounts payable pursuant to the Websites or this Agreement, you agree to pay any and all associated Taxes. Any failure to collect monies on account of Taxes will not constitute a waiver of the right to do so.
11. LITTER-ROBOT™ Refund Policy. You acknowledge and agree that, to the maximum extent permitted by Applicable Law, for any LITTER-ROBOT™ unit purchased by way of the Websites, you will have a maximum of ninety (90) days from the date on which you received such LITTER-ROBOT™ unit to return it for a full refund, after which you will not be eligible for a refund of all or any portion of the purchase price thereof or any ancillary Fees, Charges, or associated Taxes. In order to receive a refund of the purchase price of the LITTER-ROBOT™ unit, you are required to comply with the following return procedures
  1. To return the LITTER-ROBOT™ unit, you must obtain an RMA (Return Merchandise Authorization) number. We do not accept responsibility for return shipments without an RMA number. To request an RMA, contact us at 1-877-250-7729 or whiskerreturns.com.
  2. You are responsible for shipping costs with respect to the return of the LITTER-ROBOT™ unit, which may vary depending on where you live in Canada. We can provide a return shipping label for a $100 deduction from your refund—just contact us. Please note, return shipments outside Canada may incur additional shipping costs.
  3. Please make sure the LITTER-ROBOT™ unit is clean (which allows us to extend the useful life of our products) and carefully packed to avoid damage during shipment. Packing with the original materials is your best and most eco-friendly option. You are responsible for properly cleaning the LITTER-ROBOT™ unit prior to returning it to us. In the event that you fail to properly clean the LITTER-ROBOT™ unit prior to returning it, we will charge you a $100 cleaning fee, which will be deducted from your refund.
12. Third-Party Purchases. If you purchased your LITTER-ROBOT™ unit or any accessories through a source other than the Websites, you must coordinate the return of such purchased items with that source. Be sure to review the individual seller’s return policy before making a purchase.
13. Other Whisker Products and Services Return Policy. You acknowledge and agree that, to the maximum extent permitted by Applicable Law, for all Whisker products and services purchased by way of the Websites (other than the LITTER-ROBOT™ unit), you will have a maximum of ninety (90) days from the date on which you received such Whisker product or service to return such Whisker product or service for refund consideration, after which you will not be eligible for consideration for a refund of all or any portion of the purchase price thereof or any ancillary Fees, Charges, or associated Taxes. In order to receive such a refund, contact Customer Service. Merchandise should be returned in new condition and in the original product packaging as received. All paperwork should be included with your return to ensure a prompt and accurate credit, if eligible. You acknowledge and agree that you are solely responsible and liable for the cost of return shipment. Your Payment Method used to purchase your returned merchandise will be credited upon receipt and inspection. Apparel is non-refundable. In light of current events, we will not make exchanges on apparel at this time. Please see our Refund Policy for more details on requesting and processing refunds and returns, including important deadlines.
  
  YOU ACKNOWLEDGE AND AGREE THAT, DUE TO HYGIENIC REASONS, ALL SALES OF CATNIP PRODUCTS AND CAT TOYS ARE FINAL AND NO REFUNDS WILL BE ISSUED OR RETURNS OR EXCHANGES ACCEPTED IN RESPECT THEREOF. IF YOU ARE A QUÉBEC RESIDENT, SECTION 4(N) DOES NOT APPLY IF YOU EXERCISED YOUR RIGHT TO A CHARGEBACK PURSUANT TO THE CONSUMER PROTECTION ACT, C P-40.1.
14. Delinquent Amounts and Charge Backs. In addition to any Fees or Charges or other amounts payable pursuant to this Agreement, if there are delinquent amounts or charge backs associated with your Payment Method, you may be charged additional Fees and/or Charges that are incidental to the collection of these delinquent amounts and charge backs. Such Fees and Charges may include collection fees, convenience fees, or other third-party charges. Charge backs may be assessed an administrative fee of $100 or such higher amount as may be reasonably required to compensate us for our costs and expenses associated with such charge back.
15. Right of Set-Off. Whisker will have the right to withhold any amounts due and owing to you pursuant to this Agreement or otherwise as a set off of any obligations that are owing by you to Whisker or any other Claims in connection with this Agreement. If Whisker, in its sole discretion, believes that it is obligated to obtain tax information from you and you do not provide this information to Whisker after request is made, Whisker may withhold payment of any and all amounts owing to you until you provide this information or otherwise satisfy us that you are not a Person from whom Whisker is required to obtain such tax information.
16. Fraudulent Transactions. You acknowledge and agree that Whisker will not be responsible for any fraudulent transactions between you and any third party. Without limiting the generality of the foregoing, Whisker reserves the right, but is under no obligation whatsoever, to investigate any transactions in connection with the Websites that we have reason to believe are or may be fraudulent or otherwise illegal and to suspend or refuse to process such transactions. We also reserve the right to work with the authorities in the applicable jurisdictions with respect to any actual or suspected fraudulent or illegal transactions. If you challenge a transaction or payment, you agree to provide Whisker with any and all assistance reasonably required by us in order to comply with Applicable Law and the rules and policies of any financial institution or other Person affected by such transaction or payment.
17. Payment Processing Errors. We will take reasonable steps to rectify any payment processing errors of which we become aware. These steps may include crediting or debiting, as applicable, your Payment Method so that you end up receiving or paying the correct amount. This may be performed by Whisker or a Third-Party Payment Processor or another Person, including your financial institution.
  
  IF YOU ARE A QUÉBEC RESIDENT, SECTION 4(R) IS WITHOUT PREJUDICE TO YOUR RIGHT TO BENEFIT FROM THE PRESCRIPTIVE PERIOD PROVIDED BY LAW.
18. Invoice Enquiries and Disputes. You agree that you will provide us with notice of any and all invoice enquiries and disputes within sixty (60) days of the invoice date and, with such notice, provide any supporting documentation. AFTER THAT TIME, SUBJECT TO APPLICABLE LAW, YOU WILL BE DEEMED TO HAVE AGREED TO THE CONTENTS OF THE INVOICE AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU WILL HAVE NO RIGHT TO CHALLENGE OR DISPUTE SUCH INVOICE (IN WHOLE OR IN PART). You agree to pay the undisputed portion of any and all invoices in accordance with this Agreement.
19. Non-Availability of Payment Services. Whisker may temporarily restrict the availability of the payment services with respect to the Websites, or certain services or features thereof, to carry out maintenance measures that ensure the proper or improved functioning of such payment services. Whisker may improve, enhance, and modify such payment services and introduce new payment services from time to time. Whisker will provide notice to you of any changes to the payment services, unless such changes do not materially increase your contractual obligations or decrease your rights under this Agreement.
20. Third-Party Payment Processors. You acknowledge and agree that:
  1. your Payment Method and/or the transmission of payment information by way of the Websites may involve the use of third-party payment processors engaged by Whisker from time to time to process payments for or on behalf of Whisker (each, a “Third-Party Payment Processor”);
  2. Third-Party Payment Processors may charge you additional fees when processing payments and/or refunds in connection with the Websites (including deducting charges from the payment amount);
  3. the payment services with respect to the Websites may contain links to Third-Party Payment Processor websites or resources;
  4. Your Payment Method or your access to or use of certain payment services, including the services of Third-Party Payment Processors, may be subject to, or require you to accept, additional terms and conditions imposed by such Third-Party Payment Processors and you are solely responsible and liable to review these terms and conditions before using your Payment Method and you should review these terms and conditions carefully; and
  5. if there is a conflict between the terms and conditions of this Agreement and the terms and conditions applicable for a specific payment service, including of a contract with a Third-Party Payment Processor, the latter terms and conditions will take precedence with respect to your use of or access to that payment service, unless otherwise specified in such terms and conditions.
21. Currency. Unless and only to the extent otherwise expressly provided in this Agreement or on the Websites, all dollar amounts referred to in this Agreement or on the Websites are stated in Canadian Dollars (CAD).
Ownership.
1. Whisker Marks. Any and all trademarks, corporate names, business names, and other trade names of Whisker, including FEEDER-ROBOT™, LITTERBOX.COM™, LITTER-ROBOT™, AGUA-ROBOT™, and WHISKER™ and any and all logo, word script, and design versions thereof, in each case whether registrable or not, owned, or used by Whisker (the “Whisker Marks”) are trademarks of Whisker and/or its affiliates. Other trademarks, service marks, graphics, logos, and domain names used in connection with Whisker Property may be the trademarks of their respective owners. You are not granted any right or license with respect to any of the foregoing trademarks, including the Whisker Marks, or any use thereof. You agree that any goodwill in the Whisker Marks generated as a result of your use of the Websites will enure to the benefit of Whisker, and you agree to assign, and do assign, all such goodwill to Whisker. You will not at any time, nor will you assist others to, challenge Whisker right, title, or interest in, or the validity of, the Whisker Marks.
2. Copyrighted Materials; Copyright Notice. All Content and other materials available through the Websites (or any portion thereof), including Whisker Property and the selection, arrangement, and organization thereof, are either owned by Whisker or are the property of Whisker licensors and suppliers. Unless and only to the extent otherwise expressly provided in this Agreement, neither your use of the Websites nor any of the Content and nothing in this Agreement grants you any right, title, or interest in any of the foregoing.
3. Whisker Property. Notwithstanding any other provision of this Agreement, you acknowledge and agree that:
  1. as between you and Whisker, Whisker owns all right, title, and interest in and to, and unless and only to the extent otherwise expressly granted in writing by Whisker you will not acquire any right, title, or interest in or to any of the following: (A) the Websites and the associated look and feel, architecture, layout, interface, templates, and web pages and any and all associated source code or object code or other code that supports any of the foregoing (in whole or in part); (B) any and all Content; (C) any and all tangible and intangible property and intellectual property of Whisker or any of its affiliates or licensed to Whisker or any of its affiliates by any Person, including you (excluding your personal information); (D) the Whisker Marks; (E) any and all other proprietary products, services, technology, software, source code, object code, systems, materials, functionality, databases, screen formats, report formats, techniques, materials, methodology, and know-how of Whisker or any of its affiliates or licensed to Whisker or any of its affiliates by any Person; (F) any and all information or data of Whisker or any other Person (other than you); (G) any and all Feedback; (H) any and all changes, customizations, patches, bug fixes, releases, modifications, developments, new features, functions, or enhancements in respect of any of the forgoing; (I) any and all information or data generated by or from any of the forgoing (other than your personal information); and (J) any and all intellectual property rights in any of the foregoing (collectively, “Whisker Property”);
  2. Whisker Property constitutes intellectual property of substantial value to Whisker, its affiliates, and other Persons, and their respective licensors;
  3. all Whisker Property is protected by copyright and owned by, or licensed to, Whisker and contains proprietary information and material owned by Whisker, its affiliates, and other Persons, and their respective licensors, who in each case reserve all their rights in law and equity, and is protected by Applicable Law, including copyright law;
  4. as between the Parties, Whisker owns all right, title, and interest in and to Whisker Property and you will not acquire any right, title, or interest in or to any Whisker Property unless and only to the extent otherwise expressly granted in writing by Whisker;
  5. by accessing or using the Websites or any Content or any other Whisker Property (in whole or in part), you do not acquire any other right or licence to any of the foregoing (other than the Licence);
  6. other trademarks, service marks, graphics, and logos used in connection with the Websites, Content or any other Whisker Property are the trademarks of their respective owners and you are not granted any right or licence with respect to any of the foregoing trademarks or any use thereof; and
  7. the use of any Whisker Property or any of the other foregoing property (in whole or in part), except as expressly permitted pursuant to this Agreement, is strictly prohibited and infringes on the intellectual property rights of Whisker and others and may subject you to civil and criminal penalties, including monetary damages, for copyright, trademark or other intellectual property infringement.
4. Safeguarding of Whisker Property. You will:
  1. not alter, deface, remove, cover-up, or mutilate in any manner whatsoever any trademark, copyright or other proprietary notice that Whisker or any other Person may affix to any Whisker Property;
  2. not bid on or register search engine keywords, Google Ads or Google Ad Words, search terms or other identifying terms or domain names that include any Whisker Marks (in whole or in part) or any variations thereof for use in any search engine, portal, sponsored advertising service or other search or referral service;
  3. not obtain access to any Whisker Property otherwise than in accordance with this Agreement, and if such access is inadvertently obtained, to forthwith inform Whisker of such fact and dispose of such Whisker Property in accordance with Whisker instructions; and
  4. honour and promptly comply with any and all reasonable written requests made by Whisker to provide assistance in protecting, at Whisker expense, the rights of Whisker and other Persons in and to Whisker Property at common law, under federal copyright law and under other federal, state or provincial law or under any international convention and/or treaty (as the case may be).
5. Waiver of Moral Rights. You hereby irrevocably and unconditionally waive any and all moral rights arising under Applicable Law, including the Copyright Act (Canada) or any similar legislation in any applicable jurisdiction or at common law that you may have now or in the future with respect to Your Content and Feedback, including any rights you may have to have your or their name associated with Your Content and Feedback or to have your or their name not associated with Your Content and Feedback, any rights you may have to prevent the alteration, translation, or destruction of Your Content and Feedback, and any rights you may have to control the use of Your Content and Feedback in association with any product, service, cause, or institution. You agree that this waiver may be invoked by Whisker or any of its affiliates or any of their respective successors, assignees, designees, or nominees in respect of any or all of Your Content and Feedback.
6. Feedback. We welcome and encourage you to provide feedback, suggestions, comments, recommendations, ideas, and materials for improvement regarding the Websites or Content (or any portion thereof (“Feedback”). You may submit Feedback by contacting us via email to support@whisker.com or by any other means of effective communication. Any and all Feedback you submit to us will be considered and deemed non-confidential and non-proprietary to you. By submitting Feedback to us, you automatically grant Whisker a non-exclusive, royalty-free, irrevocable, sub-licensable, perpetual, worldwide right and licence to use, copy, modify, display, and publish such Feedback for any purpose, without notice or compensation to you or approval by you, whether in whole or in part and in any format or medium currently known or developed in the future. You acknowledge and agree that Whisker may assign, transfer, or sub-licence the above licence to any Person, including its affiliates and successors, without notice or compensation to you or approval by you.
7. Permission. To seek permission in respect of any activity involving Whisker Property that is not expressly permitted pursuant to this Agreement, please contact us via email to support@whisker.com.
Representations and Warranties; Disclaimers.
1. Your Representations and Warranties. By accessing or using the Websites (or any portion thereof), registering for a User Account, and/or ordering or purchasing any Whisker products or services, you hereby represent, warrant, and covenant that:
  1. you are at least 18 years of age;
  2. you are duly authorized and have the right, authority, and capacity to accept, agree to, and enter into this Agreement to be bound by the terms and conditions of this Agreement;
  3. any and all of the information you provide us, including the information you provide us when registering for your User Account and providing your Payment Method is your own personal information and not that of any other Person (including any fictitious Person) and is and will remain valid, accurate, current, and complete at all times throughout the Term;
  4. any and all information you provide to us, including any and all of Your Content and Feedback, is owned by you, and you have the absolute right and authority to provide all such information, including Your Content, to us, including for the purposes set out in this Agreement;
  5. none of the information you provide to us, including Your Content and Feedback, will infringe the intellectual property rights of any Person and all contributions by you to such information are original and no parts thereof or their use or distribution will violate any Person’s copyright, patent, or other intellectual property rights and you will not upload, post, transmit, display, perform, or distribute any content, information, or other materials in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights;
  6. you will correct, update, and amend any and all information you provide to us promptly upon any change to such information to ensure that such information is at all times, valid, accurate, current, and complete;
  7. you will at all times comply with all of the terms and conditions of this Agreement;
  8. you will give the required notices and comply with the laws, ordinances, rules, regulations, codes, and orders of the authorities having jurisdiction which are or become in force during the performance of your obligations pursuant to this Agreement and which relate to your obligations pursuant to this Agreement;
  9. neither the entering into of this Agreement nor the performance by you of any of your obligations pursuant to this Agreement will contravene, breach or result in any default under any mortgage, lease, agreement, licence, permit, statute, regulation, order, judgment, decree, or law to which you are a party or by which you may be bound;
  10. this Agreement has been duly authorized and entered into by you and is a legal, valid, and binding, obligation enforceable against you and your successors and permitted assigns in accordance with the terms hereof, except as that enforcement may be limited by bankruptcy, insolvency and other similar laws affecting the rights of creditors generally and except that equitable remedies may be granted only in the discretion of a court of competent jurisdiction;
  11. you will use the Websites and Content for your own personal, household, consumer purposes only and not for any commercial purposes;
  12. you are and will at all times remain, and your access and use of the Websites, Content and any and all Whisker products and services is and will at all times remain, in compliance with this Agreement, any and all associated Whisker policies and procedures, and Applicable Law; and
  13. all of your representations and warranties set out in this Agreement will continue to be true and correct throughout the term of this Agreement.
2. WhiskerCare™ Limited Warranty. Subject to the terms and conditions of this Agreement, commencing on the date on which you purchase the LITTER-ROBOT™ unit and continuing for a period of one (1) year, Whisker warrants that, when properly operated and used in accordance with the applicable user manuals, instructions, and documentation, the LITTER-ROBOT™ unit will perform in accordance with the manufacturer’s specifications in all material respects (the “WhiskerCare™ Limited Warranty”). More information about the WhiskerCare™ Limited Warranty and the optional purchase of extended warranty coverage is available here. For more information, contact as via email at support@whisker.com.
  1. The WhiskerCare™ Limited Warranty only applies to LITTER-ROBOT™ units sold directly by Whisker.
  2. The WhiskerCare™ Limited Warranty is transferable, except in cases where the sale or transfer of the LITTER-ROBOT™ unit is prohibited under this Agreement, including pursuant to Section 2(f).
  3. Subject to the terms and conditions of this Agreement, during the warranty period of the WhiskerCare™ Limited Warranty, Whisker will repair the LITTER-ROBOT™ unit at no charge (costs of shipping, labour and replacement parts are covered by Whisker).
  4. In order to benefit from the WhiskerCare™ Limited Warranty, you must first contact Whisker at 1-877-250-7729, by email at support@litter-robot.com, or online at https://www.litter-robot.com/support and follow the instructions provided by Whisker. You must wait to obtain Whisker instructions before shipping the LITTER-ROBOT™ unit to Whisker.
  5. If you purchased your LITTER-ROBOT™ unit prior to [May 10, 2022], Whisker will continue to honour our previous 18-month limited warranty in respect of such purchase.
3. Warranty-Voiding Modifications. You understand, acknowledge, and agree that, to the maximum extent permitted by Applicable Law:
  1. any modifications that may affect the original function (including proper function of safety features) of any Whisker products or services, including the LITTER-ROBOT™ unit, may VOID the original warranty, if any, including the WhiskerCare™ Limited Warranty, and any additional warranty coverage purchased by you, at the sole discretion of Whisker;
  2. you may not: (A) modify or tamper with the safety features of any Whisker product; or (B) purchase any modified Whisker product or service from any Person; or
  3. you assume any and all risk for any Whisker product or service that has been modified and any and all warranties, including the WhiskerCare™ Limited Warranty, voided when you purchase such product from a third-party reseller instead of directly from Whisker, whether or not you have actual knowledge that such a modification has been performed.
4. Warranty-Voided for Non-Returned Products or Parts. You understand, acknowledge, and agree that, to the maximum extent permitted by Applicable Law:
  1. as a condition of Whisker providing you with the LITTER-ROBOT™ Limited Warranty on qualifying Whisker products, you are required to return to Whisker the Whisker product or part that is covered by the LITTER-ROBOT™ Limited Warranty, including the LITTER-ROBOT™ unit, within thirty (30) days of receiving from Whisker shipping instructions pursuant to Section 6(b)(iv) (the “Return Period”); and
  2. if a replacement product was shipped to you prior receiving your original product back, and you do not return the Whisker product or part that is covered by the LITTER-ROBOT™ Limited Warranty, including the LITTER-ROBOT™ unit, within the Return Period, this may suspend or VOID the original warranty, if any, including the LITTER-ROBOT™ Limited Warranty, and any additional warranty coverage purchased by you, at the sole discretion of Whisker. In the event the warranty is void, Whisker will have no further obligations whatsoever with respect to such Whisker product or any part thereof.
5. EXCLUSION OF WARRANTIES. YOU ACKNOWLEDGE AND AGREE THAT, UNLESS AND ONLY TO THE EXTENT OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THERE ARE NO REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND WHATSOEVER (WHETHER EXPRESS, IMPLIED, OR COLLATERAL) IN RELATION TO THE WEBSITES OR ANY OTHER WHISKER PROPERTY, ANY WHISKER PRODUCTS OR SERVICES, OR ANY TRANSACTIONS CONTEMPLATED IN CONNECTION THEREWITH, BY OPERATION OF LAW OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND RELATED RIGHTS, NO ENCUMBRANCE, TITLE, OR THAT ANY OF THE FOREGOING WILL MEET ANY PERSON’S NEEDS OR WILL BE AVAILABLE FOR USE AT ANY PARTICULAR TIME OR WILL BE UNINTERRUPTED OR ERROR-FREE.
6. TRAINING DISCLAIMER. YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT YOU ARE EXCLUSIVELY RESPONSIBLE AND LIABLE FOR, AND WHISKER WILL NOT BE RESPONSIBLE FOR, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW WHISKER EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY WITH RESPECT TO, ANY AND ALL TRAINING YOUR PET REQUIRES TO PROPERLY USE WHISKER PRODUCTS AND SERVICES, INCLUDING THE LITTER-ROBOT™ UNIT, INCLUDING FOR LOSSES CAUSED BY YOUR PET, INCLUDING STAINS FROM URINATION OR DEFECATION ON FLOORING OR UPHOLSTERY OR OTHER SURFACES, IF YOUR PET IS NOT PROPERLY TRAINED TO USE THE APPLICABLE WHISKER PRODUCT OR SERVICE.
7. LIABILITY DISCLAIMER. YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WHISKER WILL NOT BE RESPONSIBLE FOR AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR CLAIMS AND LOSSES ARISING OUT OF THE FURNISHING OF ANY WHISKER PRODUCTS OR SERVICES PURSUANT TO OR IN CONNECTION WITH THE WEBSITES (OR ANY PORTION THEREOF) OR THIS AGREEMENT, INCLUDING MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, TORTIOUS CONDUCT, ERRORS, REPRESENTATIONS, OR OTHER DEFECTS ARISING OUT OF THE FAILURE TO FURNISH ANY OF THE FOREGOING, WHETHER CAUSED BY ACTS OF COMMISSION OR OMISSION, OR ANY OTHER DAMAGE OCCURRING.
8. GENERAL DISCLAIMER. YOU ACKNOWLEDGE AND AGREE THAT:
  1. IF YOU CHOOSE TO USE THE WEBSITES, CONTENT, OR ANY OTHER WHISKER PROPERTY OR ENGAGE WITH ANY RESELLER OF WHISKER PRODUCTS OR SERVICES, YOU DO SO FREELY, VOLUNTARILY, AND AT YOUR OWN RISK;
  2. THE WEBSITES AND ANY AND ALL CONTENT, INCLUDING INFORMATION REGARDING WHISKER PRODUCTS AND SERVICES, ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND WHATSOEVER;
  3. ACCESS TO, AND USE OF, THE WEBSITES OR ANY CONTENT OR ANY OTHER WHISKER PROPERTY IS ENTIRELY AT YOUR OWN RISK AND LIABILITY;
  4. WHISKER WILL NOT BE RESPONSIBLE FOR, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY WITH RESPECT TO, THE WEBSITES, CONTENT, AND ANY AND ALL ERRORS, OMISSIONS, AND INACCURACIES IN RESPECT OF ANY OF THE FOREGOING;
  5. WHISKER DOES NOT REPRESENT, WARRANT, OR GUARANTEE THAT THE WEBSITES (OR ANY PORTION THEREOF) OR ANY CONTENT IS OR WILL BE COMPATIBLE WITH YOUR COMPUTER SYSTEMS, ERROR FREE, OR FREE OF VIRUSES;
  6. WHISKER WILL NOT BE RESPONSIBLE FOR, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW EXPRESSLY DISCLAIMS, ANY AND ALL LIABILITY FOR, AND YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR OBTAINING ANY AND ALL SOFTWARE, HARDWARE, EQUIPMENT, OR LICENCES REQUIRED OR DESIRABLE FOR YOU TO ACCESS AND USE THE WEBSITES AND ANY ASSOCIATED COSTS AND EXPENSES, INCLUDING ANY AND ALL DEVICES, DATA PLANS, AND COMPUTER, WIRELESS, DATA, CONNECTIVITY, ROAMING, AND INTERNET FEES;
  7. WHISKER WILL NOT BE RESPONSIBLE FOR, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW EXPRESSLY DISCLAIMS, ANY AND ALL LIABILITY FOR, AND YOU ARE SOLELY RESPONSIBLE FOR, ANY AND ALL VIRUSES, IMPLEMENTING APPROPRIATE SAFEGUARDS TO PROTECT THE SECURITY AND INTEGRITY OF YOUR COMPUTER SYSTEMS, AND THE ENTIRE COST OF ANY SERVICES, REPAIRS, OR CONNECTIONS OF AND TO YOUR COMPUTER SYSTEMS THAT MAY BE NECESSARY AS A RESULT OF YOUR USE OF THE WEBSITES OR ANY CONTENT; AND
  8. WHISKER WILL NOT BE RESPONSIBLE FOR, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW EXPRESSLY DISCLAIMS, ANY AND ALL LIABILITY FOR ANY PROBLEM OR TECHNICAL MALFUNCTION OF ANY NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS, PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, OR FAILURE OF ANY EMAIL OR ANY OTHER COMMUNICATION BETWEEN YOU AND WHISKER ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ONLINE OR ON THE INTERNET OR THE WEBSITES OR ANY THIRD-PARTY WEBSITE, OR ANY COMBINATION THEREOF OR ANY INJURY OR DAMAGE TO ANY PERSON’S COMPUTER OR SYSTEMS RELATED TO OR RESULTING FROM DOWNLOADING OR STREAMING ANY MATERIALS IN CONNECTION WITH THIS AGREEMENT OR THE WEBSITES.
9. INFORMATION DISCLAIMER. YOU ACKNOWLEDGE AND AGREE THAT:
  1. THE CONTENT AND ANY AND ALL OTHER INFORMATION ACCESSIBLE BY WAY OF THE WEBSITES, INCLUDING ANY PERSONAL INFORMATION, FEES, CHARGES, OR ANY INFORMATION MADE AVAILABLE BY ANY THIRD PARTY, IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY;
  2. THE CONTENT AND ANY AND ALL OTHER INFORMATION ACCESSIBLE BY WAY OF THE WEBSITES SHOULD NOT BE RELIED UPON AS VALID, ACCURATE, RELIABLE, COMPLETE, CURRENT, TIMELY, OR FIT FOR ANY PARTICULAR PURPOSE;
  3. TO THE EXTENT THAT THE CONTENT OR ANY OTHER INFORMATION ACCESSIBLE BY WAY OF THE WEBSITES IS CURRENT AS OF THE DATE OF FIRST PUBLICATION, IT MAY NO LONGER BE ACCURATE AS A RESULT OF THE PASSAGE OF TIME;
  4. ANY AND ALL PRODUCT IMAGES ON WEBSITES ARE FOR ILLUSTRATION PURPOSES ONLY AND ACTUAL PRODUCTS MAY VARY DUE TO DIFFERENCES IN MONITOR SETTINGS AND LIGHTING, ENHANCEMENTS OR OTHER CHANGES TO THE PRODUCT, PACKAGING UPDATES, OR OTHER CHANGES, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WHISKER DISCLAIMS ANY AND ALL WARRANTY OR LIABILITY FOR SUCH DIFFERENTIATIONS BETWEEN THE PRODUCT IMAGES AND THE ACTUAL PRODUCT RECEIVED;
  5. WHISKER UNDERTAKES NO RESPONSIBILITY WHATSOEVER FOR INVESTIGATING OR VERIFYING THE VALIDITY, ACCURACY, CURRENCY, OR COMPLETENESS OF THE CONTENT AND ANY AND ALL OTHER INFORMATION ACCESSIBLE BY WAY OF THE WEBSITES OR THE ACTS, OMISSIONS, IDENTITY, OR CREDITWORTHINESS OF ANY PERSON;
  6. WHISKER DOES NOT SCREEN IN ADVANCE ANY CONTENT OR ANY OTHER INFORMATION ACCESSIBLE BY WAY OF THE WEBSITES; AND
  7. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY USE BY WHISKER OF ANY CONTENT, YOUR CONTENT, OR OTHER INFORMATION ACCESSIBLE BY WAY OF THE WEBSITES DOES NOT CREATE ANY EXPRESS OR IMPLIED APPROVAL BY WHISKER OF SUCH USER CONTENT OR INFORMATION, NOR DOES IT INDICATE THAT SUCH USER CONTENT OR INFORMATION COMPLIES WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT OR APPLICABLE LAW.
10. THIRD PARTY DISCLAIMER. THE WEBSITES MAY CONTAIN LINKS TO THIRD PARTIES, INCLUDING THIRD-PARTY SERVICE PROVIDERS, OR THIRD-PARTY SERVICES. THIRD-PARTY SERVICES MAY BE SUBJECT TO DIFFERENT TERMS AND CONDITIONS AND PRIVACY PRACTICES. LINKS TO ANY THIRD PARTIES, INCLUDING THIRD-PARTY SERVICE PROVIDERS OR THIRD-PARTY SERVICES, ARE NOT AN ENDORSEMENT BY WHISKER THEREOF. YOU ACKNOWLEDGE AND AGREE THAT WHISKER IS NOT RESPONSIBLE FOR, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW EXPRESSLY DISCLAIMS, ANY AND ALL LIABILITY FOR THIRD PARTIES, INCLUDING THIRD-PARTY SERVICE PROVIDERS AND THIRD-PARTY SERVICES, INCLUDING THE AVAILABILITY, SUFFICIENCY, OR ACCURACY THEREOF OR ANY FEES OR CHARGES CHARGED BY SUCH THIRD PARTIES.
11. THIRD-PARTY PAYMENT PROCESSORS DISCLAIMER. YOU ACKNOWLEDGE AND AGREE THAT, WHISKER ASSUMES NO RESPONSIBILITY FOR, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR AND ANY CLAIMS AND LOSSES ARISING FROM OR IN CONNECTION WITH ANY ERRORS OR OMISSIONS WITH RESPECT TO PAYMENTS PROCESSED BY THIRD-PARTY PAYMENT PROCESSORS, INCLUDING ANY FEES AND CHARGES AND ANY AND ALL ASSOCIATED TAXES, TRANSACTION FEES, ADMINISTRATIVE FEES, AND CURRENCY CONVERSION FEES IMPOSED BY THIRD-PARTY PAYMENT PROCESSORS OR YOUR-THIRD PARTY PAYMENT SERVICE PROVIDER OR FINANCIAL INSTITUTION, INCLUDING BASED ON YOUR PAYMENT METHOD OR THE CURRENCY OR PAYMENT CHOICES YOU SELECT TO MAKE OR RECEIVE PAYMENTS.
12. INTERNET DISCLAIMER. DUE TO THE NATURE OF THE INTERNET, WHISKER CANNOT GUARANTEE THE CONTINUOUS AND UNINTERRUPTED AVAILABILITY, ACCESSIBILITY, OR USE OF THE WEBSITES. YOU ACKNOWLEDGE AND AGREE THAT, NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, WHISKER WILL NOT BE LIABLE FOR AND ASSUMES NO RESPONSIBILITY FOR ANY CLAIMS OR LOSSES ARISING FROM OR IN CONNECTION WITH:
  1. LIMITED ACCESS OR USE OR INABILITY TO ACCESS OR USE THE WEBSITES OR ANY APPLICATION DATABASE (OR ANY PORTION THEREOF) AS A RESULT OF THE INTERNET, YOUR WEB SERVICES, THE WEB SERVICES OF ANY OTHER PERSON, OR ANY OTHER SHARED NETWORK OR IN THE EVENT YOU DOWNLOAD THE INCORRECT APPLICATION FOR YOUR MOBILE DEVICE;
  2. THIRD-PARTY SERVICES, OR THIRD-PARTY PRODUCTS OR SOFTWARE, INCLUDING IMPLEMENTATION OR CONFIGURATION OF APPROPRIATE SECURITY MEASURES RELATING THERETO, NOT DEVELOPED OR PROVIDED BY WHISKER;
  3. ANY ACCESS OR INABILITY TO ACCESS ANY OTHER SERVICE, SERVICE PROVIDER, NETWORK, INFORMATION, USER, OR COMPUTING RESOURCE AVAILABLE ON OR THROUGH THE INTERNET; OR
  4. UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT, LOSS, CORRUPTION, OR DESTRUCTION OF INFORMATION OR DATA AS A RESULT OF INFORMATION OR DATA BEING TRANSMITTED BY WAY OF THE INTERNET.
13. DATA BACKUP DISCLAIMER. YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
  1. WHISKER WILL NOT BE LIABLE FOR AND ASSUMES NO RESPONSIBILITY FOR ANY CLAIMS OR LOSSES ARISING FROM OR IN CONNECTION WITH, ANY CATASTROPHIC DISK FAILURE OR OTHER SIMILAR EVENT RESULTING IN, DIRECTLY OR INDIRECTLY, THE LOSS OF ANY DATA, INCLUDING ANY DATA RELATED TO YOUR USER ACCOUNT; AND
  2. IT IS YOUR RESPONSIBILITY TO BACKUP YOUR DATA, INCLUDING ANY DATA RELATED TO YOUR USER ACCOUNT, TO YOUR PERSONAL COMPUTER OR EXTERNAL STORAGE DEVICE AND TO ENSURE SUCH BACKUPS ARE SECURE.
14. TRANSLATION DISCLAIMER. TO ASSIST USERS WHO SPEAK DIFFERENT LANGUAGES, CERTAIN CONTENT MAY BE TRANSLATED, IN WHOLE OR IN PART, INTO LANGUAGES OTHER THAN ENGLISH. YOU ACKNOWLEDGE AND AGREE THAT WHISKER DOES NOT ENDORSE OR GUARANTEE THE ACCURACY OR QUALITY OF, WILL NOT BE RESPONSIBLE FOR, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR, ANY AND ALL SUCH TRANSLATIONS AND YOU ARE RESPONSIBLE FOR REVIEWING AND VERIFYING THE ACCURACY OF SUCH TRANSLATIONS.
15. APPLICATION OF DISCLAIMERS. YOU ACKNOWLEDGE AND AGREE THAT:
  1. ANY AND ALL DISCLAIMERS IN THIS AGREEMENT, INCLUDING THE DISCLAIMERS SET OUT IN THIS SECTION 6(N), APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND WILL NOT IN ANY WAY LIMIT ANY OTHER DISCLAIMERS OR ANY OTHER LIMITATION OF LIABILITY IN THIS AGREEMENT OR ANY OTHER AGREEMENT BETWEEN YOU AND WHISKER OR BETWEEN YOU AND ANY OF WHISKER LICENSORS OR SUPPLIERS OR THIRD-PARTY PAYMENT PROCESSORS;
  2. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE WEBSITES (OR ANY PORTION THEREOF) OR OTHERWISE WILL ALTER ANY OF THE DISCLAIMERS OR LIMITATIONS STATED IN THIS AGREEMENT, INCLUDING THE DISCLAIMERS SET OUT IN THIS SECTION 6(N);
  3. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR THE LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE DISCLAIMERS, WAIVERS, AND LIMITATIONS OF LIABILITY IN THIS AGREEMENT, INCLUDING THE DISCLAIMERS SET OUT IN THIS SECTION 6(N), MAY NOT APPLY TO YOU;
  4. YOU MAY HAVE OTHER STATUTORY RIGHTS, INCLUDING UNDER THE CONSUMER PROTECTION ACT, 2002 (ONTARIO), THE CONSUMER PROTECTION ACT, C P-40.1 (QUÉBEC) AND OTHER SIMILAR PROVINCIAL LEGISLATION IN CANADA;
  5. THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW; AND
  6. THE WHISKER PARTIES ARE INTENDED THIRD-PARTY BENEFICIARIES OF THESE DISCLAIMERS, WAIVERS, AND LIMITATIONS.
Indemnity. To the maximum extent permitted by Applicable Law, you agree to release, waive, discharge, indemnify, defend, and hold harmless (at Whisker option) Whisker and each Whisker Party (each, an “Indemnified Party”) from and against any and all any actual, threatened or potential civil, criminal, administrative, regulatory, arbitral, or investigative claims, demands, allegations, actions, suits, investigations, or proceedings, including with respect to the enforcement of any legal rights or remedies (“Claims”) and any losses, liabilities, or damages (including taxes and related penalties) and any related costs or expenses, including reasonable legal fees on a full indemnity basis, and expenses and costs of litigation, settlement, judgement, appeal, interest, and penalties (“Losses”) that may be suffered or incurred by any of the Indemnified Parties arising out of or as a result of or relating in any manner whatsoever to:
1. the relationship between you and Whisker or any Whisker Party, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory;
2. any Event of Default;
3. your access to or use of the Websites, Content or any other Whisker Property (in whole or in part);
4. Your Content or any other information provided to Whisker by you, including in connection with your User Account or Payment Method;
5. any access or use of your User Account credentials, including identification codes or passwords, regardless of whether such use is authorized by you;
6. any payment (including with respect to Fees, Charges and associated Taxes) and any and all Taxes in connection with this Agreement or the Websites;
7. any loss of privacy or loss of, damage to, or destruction of Whisker Property or the property of any other Person, including any other user, to the extent caused by you or any Person you or any of your representatives;
8. personal injury, loss, or harm to any Person (including bodily injury, death, wrongful death, or emotional distress) in connection with the Websites or any transactions in connection therewith to the extent caused by you or any of your representatives;
9. your violation or alleged violation of any Applicable Law;
10. your violation or alleged violation of any Person’s copyrights, trademarks, or other intellectual property or proprietary rights;
11. any reviews or ratings posted by you or on your behalf, including on the Websites (or any portion thereof); and/or
12. your negligence or criminal, willful, or intentional misconduct or the negligence or criminal, willful, or intentional misconduct of any of your representatives.
Indemnity Procedures. You agree to provide Whisker:
1. with prompt written notice of any and all Claims or circumstances known to you that could result in a Claim;
2. any and all reasonable information and assistance that Whisker may require with respect to any and all Claims; and
3. sole and exclusive control of the defence of any action relating to any Claims or Losses in connection with this Agreement or the Websites to Whisker, including the choice of legal counsel and all related settlement negotiations, arising out of or relating thereto.
Limitation of Liability.

IF YOU ARE A QUÉBEC RESIDENT, SECTION 9 DOES NOT APPLY TO YOU INSOFAR AS IT WOULD RELIEVE WHISKER FROM THE CONSEQUENCES OF ITS OWN ACTIONS OR THE ACTIONS OF ITS REPRESENTATIVES, LIMIT ANY APPLICABLE LEGAL WARRANTY OR OTHERWISE LIMIT YOUR RIGHTS UNDER THE CONSUMER PROTECTION ACT, C P-40.1.
1. ACKNOWLEDGEMENT OF RISK. FOR GREATER CERTAINTY, YOU ACKNOWLEDGE AND AGREE THAT, NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE WEBSITES AND/OR CONTENT IS AND WILL AT ALL TIMES REMAIN WITH YOU.
2. LIMITATION OF LIABILITY.
  1. YOU ACKNOWLEDGE AND AGREE THAT, NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WHISKER OR ANY WHISKER PARTY BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, LOSS OR BREACH OF PRIVACY, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, FAILURE TO MEET ANY DUTY (INCLUDING OF GOOD FAITH OR OF REASONABLE CARE), FINES, FEES, PENALTIES, TANGIBLE OR INTANGIBLE HARM, IRREPARABLE HARM, LEGAL FEES, ANY LOSS OF ANY KIND WHATSOEVER, OR ANY OTHER LIABILITIES, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES OR WHETHER OR NOT WHISKER OR ANY WHISKER PARTY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE WEBSITE, ANY CONTENT, ANY WHISKER PROPERTY, OR ANY WHISKER PRODUCTS OR SERVICES.
  2. IF, AND ONLY TO THE EXTENT THAT, THE FORGOING LIMITATION OF LIABILITY IS HELD BY A COURT OF COMPETENT JURISDICTION TO BE INVALID, ILLEGAL, VOID, OR UNENFORCEABLE FOR ANY REASON, IN RESPECT OF ANY CLAIM BY YOU AGAINST WHISKER OR ANY WHISKER PARTY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, INCLUDING A BREACH BY ANY OF THEM OF ANY OF ITS OBLIGATIONS PURSUANT TO THIS AGREEMENT (WHETHER OR NOT A FUNDAMENTAL BREACH), YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR EXCLUSIVE REMEDY WILL BE TO RECEIVE FROM WHISKER PAYMENT FOR ACTUAL AND DIRECT DAMAGES TO A MAXIMUM AGGREGATE AMOUNT EQUAL TO THE AMOUNT PAID BY YOU IN RESPECT OF THE PRODUCTS AND SERVICES THAT ARE THE SUBJECT OF THE CLAIM.
  3. WITHOUT LIMITING THE FOREGOING, THIS SECTION 9 WILL APPLY TO DAMAGES CAUSED BY YOUR PET, INCLUDING STAINS FROM URINATION OR DEFECATION ON FLOORING OR UPHOLSTERY OR OTHER SURFACES, IF ANY WHISKER PRODUCTS OR SERVICES MALFUNCTIONS OR YOUR PET IS NOT PROPERLY TRAINED TO USE THE APPLICABLE WHISKER PRODUCT OR SERVICE. THIS LIMITATION WILL APPLY REGARDLESS OF WHETHER ANY CLAIMS OR LOSSES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION.
3. ACKNOWLEDGEMENT. YOU ACKNOWLEDGE AND AGREE THAT:
  1. THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET OUT IN THIS AGREEMENT, INCLUDING THOSE SET OUT IN THIS SECTION 9(C), REPRESENT A REASONABLE ALLOCATION OF RISK AND ARE A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN WHISKER AND YOU; AND
  2. THE WEBSITES AND THE WHISKER PRODUCTS AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
4. Claims and Complaints. You may address any Claims or complaints to Whisker at any time by any method or means of effective communication with Whisker, including via email to support@whisker.com. Notice of such Claim or complaint will be deemed delivered and received by Whisker in accordance with Section 13(b) (Notices).
Events of Default and Remedies.
1. Events of Default. You acknowledge and agree that the occurrence of any of the following events will constitute an event of default (each, an “Event of Default”):
  1. you fail to pay any sum owing by you to Whisker, including pursuant to this Agreement, including the Fees and Charges and any associated Taxes by the due date thereof:
  2. you otherwise breach any provision of this Agreement or fail to observe or perform any term, obligation, covenant, condition, or agreement contained in this Agreement;
  3. you commit any act of fraud, negligence, or criminal, willful, or intentional misconduct or violate any regulation, rule, policy or procedure of any other Person in connection with this Agreement or the Websites;
  4. you breach or violate Applicable Law;
  5. you improperly access or engage in any prohibited use of the Websites, Content, or any Whisker Property (in whole or in part);
  6. you provide any invalid, inaccurate, incomplete, misleading, fraudulent, or outdated information to Whisker or any other Person, including during the registration of your User Account or Payment Method;
  7. you infringe the intellectual property rights of Whisker or any other Person;
  8. you become or are adjudicated insolvent or bankrupt, admit in writing your inability to pay your debts as they mature, or make an assignment for the benefit of creditors;
  9. you apply for or consent to the appointment of any receiver, trustee, or similar officer for you or for all or any substantial part of your property or such receiver, trustee, or similar officer is appointed without your consent; or
  10. you institute any bankruptcy, insolvency, reorganization, moratorium, arrangement, readjustment or debt, dissolution, liquidation, or similar proceeding relating to you under the laws of any jurisdiction or any such proceeding is instituted against you or any judgment, writ, warrant, or attachment or execution of similar process is issued or levied against a substantial part of your property.
2. Notification upon Default. You will notify Whisker in writing immediately upon becoming aware of any Event of Default.
  
  IF YOU ARE A QUÉBEC RESIDENT, SECTION 10(C) IS WITHOUT PREJUDICE TO YOUR RIGHT TO RECEIVE A PRIOR NOTICE UNDER THE CONSUMER PROTECTION ACT, C P-40.1, IF REQUIRED.
3. Remedies. You understand, acknowledge, and agree that, if any Event of Default occurs, this Agreement will automatically terminate. Such termination will be automatic and will not require any action by Whisker. In addition, without prejudice to any other right or remedy that Whisker may have pursuant to this Agreement or at law or equity, Whisker may take any of the following measures immediately and without notice to you:
  1. delete or delay or refuse to delete or delay any ratings, reviews, or other Content;
  2. temporarily or permanently revoke any special status associated with your User Account;
  3. cancel, suspend, or limit the provision of any products or services to you (in whole or in part);
  4. cancel, suspend, or limit or cancel, suspend, or limit your access to or use of your User Account, the Websites, or any Whisker products or services (in whole or in part); and/or
  5. bring an action against you for damages.
4. Injunctive and Equitable Relief. You understand, acknowledge, and agree that:
  1. your compliance with your obligations pursuant to this Agreement is necessary to protect personal information and/or the intellectual property, confidential information, proprietary information, business, goodwill, and/or proprietary interests of Whisker and its affiliates and third parties;
  2. your breach of any such obligations will give rise to irreparable harm or injury to Whisker that will not be adequately compensable with monetary damages;
  3. Whisker may, in addition to any other right or remedy it may have, enforce the performance of this Agreement by way of equitable relief, including interim, interlocutory and/or final injunctive relief, specific performance, or such other and further relief as a court may deem just and proper, upon application to a court of competent jurisdiction without proof of actual damages, without a requirement that a finding of irreparable harm or other criteria for the awarding of injunctive relief be made, and without the requirement of posting a bond or other security; and
  4. notwithstanding that damages may be readily quantifiable, you will not plead sufficiency of damages as a defence in any such proceeding.
5. Violation of Applicable Law. You acknowledge and agree that any attempt by you or on your behalf to deliberately damage the Websites, any Content, any other website, or any links or to undermine the legitimate operation thereof may be a violation of Applicable Law (including criminal and/or civil laws) and should such an attempt be made, Whisker reserves the right to seek damages from you to the maximum extent permitted by Applicable Law.
6. Remedies Cumulative. You acknowledge and agree that all rights and remedies of Whisker pursuant to this Agreement are cumulative and not exclusive of any other rights or remedies that may be available to Whisker, whether provided by law, equity, statute, in any other agreement between the Parties or otherwise.
7. Legal Action. You acknowledge and agree that, to the maximum extent permitted by Applicable Law, if Whisker, in Whisker sole discretion, takes legal action against you in connection with any actual or suspected breach of this Agreement, Whisker will be entitled to recover from you as part of such legal action, and you agree to pay, Whisker reasonable costs and attorneys’ fees incurred as a result of such legal action.
Termination.
1. Termination by You. You may terminate this Agreement for any reason or for no reason at any time by providing notice of such termination to Whisker.
  
  IF YOU ARE A QUÉBEC RESIDENT, SECTION 11(b) IS WITHOUT PREJUDICE TO YOUR RIGHT TO RECEIVE A PRIOR NOTICE UNDER THE CONSUMER PROTECTION ACT, C P-40.1 IF REQUIRED.
2. Termination by Whisker. Without prejudice to enforcement of any other right or remedy that Whisker may have pursuant to this Agreement or at law or equity, Whisker may terminate this Agreement and/or any rights or licences granted hereunder or in connection herewith (including the Licence) and/or your access to and use of the Websites (in whole or in part):
  1. at any time for any reason or no reason for convenience upon written notice to you; and
  2. immediately and without notice if: (A) an Event of Default occurs; (B) Whisker has reason to believe that you are not 18 years of age or have the authority to enter into and be legally bound by this Agreement or grant us the permissions and licences provided in this agreement; or (C) Whisker believes in good faith that such termination is reasonably necessary to protect Whisker Property or the personal safety of any user or any other Person.
3. Effect of Termination. You acknowledge and agree that, if this Agreement is terminated by either Party or if you cancel your User Account or if Whisker terminates, cancels, suspends, or restricts your access to the Websites or your User Account:
  1. you will immediately cease any and all use of the Websites, Content and any other Whisker Property;
  2. you will not be entitled to a restoration of your User Account or any of Your Content;
  3. you may not be able to register a new User Account or access or use the Websites (in whole or in part);
  4. Whisker may, but has no obligation to, in Whisker sole discretion, rescind any products or services and/or delete from Whisker systems your personal information and/or Payment Method and any other files or information that you made available to Whisker or that otherwise relate to your use of the Websites;
  5. any and all licences constituted by or granted in connection with this Agreement will be automatically cancelled and terminated;
  6. you may not be eligible or entitled to a refund of any Fees, Charges, or associated Taxes or other amounts payable pursuant hereto; and
  7. Whisker reserves the right to exercise whatever means it deems necessary to prevent your unauthorized use of the Websites, including technological barriers such as IP blocking and direct contact with your Internet Service Provider.
4. Survival of Covenants. Notwithstanding the termination of this Agreement for any reason whatsoever, this Section 11(d) and the covenants set out in Section 1(b) (Whisker Parties), Section 2 (Restrictions on Access and Use of the Websites), Section 3(c) (Account Accuracy), Section 3(d) (Account Security), Section 3(e) (Your Content), Section 3(f) (Restrictions on Your Content), Section 3(g) (Your Licence), Section 3(h) (Reviews and Comments), Section 4 (Payment Terms), Section 5 (Ownership), Section 6 (Representations and Warranties; Disclaimers), Section 7 (Indemnity), Section 9 (Limitation of Liability), Section 10 (Events of Default and Remedies), Section 11 (Termination), Section 12 (Governing Law and Disputes), and Section 13 (General) will survive any such termination.
Governing Law and Disputes.
1. Governing Law.
  
  The United Nations Convention on Contracts for the International Sale of Goods (CISG) or any similar or successor convention or law, will not be applied to this Agreement or any transactions conducted pursuant to the Websites. The Websites are intended for use only in jurisdictions where it may be lawfully provided for use.
  1. For Québec residents: The interpretation, validity, effect, and enforcement of this Agreement, and any and all disputes arising out of or in connection with this Agreement, or in respect of any legal relationship associated with or derived from this Agreement, will be governed by the laws of the Province of Québec and the federal laws of Canada applicable therein without giving effect to any principles of conflicts of law.
  2. For non-Québec residents: The interpretation, validity, effect, and enforcement of this Agreement, and any and all disputes arising out of or in connection with this Agreement, or in respect of any legal relationship associated with or derived from this Agreement, will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein without giving effect to any principles of conflicts of law.
2. Forum.
  1. For Québec residents: You hereby unconditionally and irrevocably consent and agree to submit to the exclusive jurisdiction of the courts of the Province of Québec in any action or proceeding involving or in connection with the Websites or this Agreement.
  2. For non-Québec residents: You hereby unconditionally and irrevocably consent and agree to submit to the exclusive jurisdiction of the courts of the Province of Ontario in any action or proceeding involving or in connection with the Websites or this Agreement and waive any objection relating to improper venue or forum non conveniens to the conduct of any proceeding in any such court. You stipulate to, and agree to waive any objection to, the personal jurisdiction and venue of such courts, and further expressly submit to extraterritorial service of process.
  IF YOU ARE A QUÉBEC RESIDENT, SECTION 12(c) DOES NOT APPLY TO YOU.
3. Jury Trial Waiver. You acknowledge and agree that, to the maximum extent permitted by Applicable Law, you unconditionally and irrevocably waive the right to a trial by jury in respect of any and all disputes arising from or in connection with the Websites or this Agreement or any Whisker products or services.
4. Legal Advice. You represent and warrant to and in favour of Whisker that you are entering into this Agreement freely and voluntarily having had an opportunity to thoroughly review and understand this Agreement and to seek legal advice as to the meaning of the provisions contained herein, and you hereby confirm that you are acting of your own free will and not under any duress or undue influence.
5. Interpretation. To the maximum extent permitted by Applicable Law, the language in this Agreement will be interpreted in accordance with its fair meaning and not strictly for or against either party.
6. Admissibility. A printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or arbitral proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
General.
1. Force Majeure. Any delay or failure of Whisker to perform its obligations pursuant to this Agreement will be excused if the delay or failure is caused by an event or occurrence beyond the reasonable control of Whisker, including any act of God, action by any governmental authority (whether valid or invalid), fire, flood, wind storm, explosion, riot, natural disaster, pandemic or widespread outbreak of infectious disease, war, sabotage, labour problem (including lock-out, strike or slow-down), court order, or injunction.
2. Notices. Any notices or other communications permitted or required pursuant to this Agreement will be provided in accordance with Applicable Law, including electronically and given:
  1. by Whisker to you via email to the email address in your User Account; and
  2. by you to Whisker via email to support@whisker.com.
  Such notice will be deemed to be delivered and received (in the absence of evidence of prior receipt) on the earlier of (A) the date that the sending party receives an email from the receiving party acknowledging receipt (provided that an automatic “read receipt” does not constitute acknowledgment for the purposes of such notice) and (B) the next business day following the date of transmission. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR ENSURING THAT YOUR EMAIL ADDRESS ON FILE WITH WHISKER IS ACCURATE AND CURRENT, AND NOTICE TO YOU WILL BE DEEMED EFFECTIVE UPON THE SENDING BY WHISKER OF AN EMAIL TO THAT ADDRESS IN ACCORDANCE WITH THIS SECTION 13(B).
3. Assignment. Neither this Agreement nor any of the rights or obligations pursuant hereto may be assigned, transferred, or delegated by you without the prior written consent of Whisker. Whisker may without restriction assign, transfer, or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, to any Person without notice to you.
4. Waiver. The waiver by Whisker of a breach or default of any provision of this Agreement by you or any delay or omission on the part of Whisker to exercise or avail itself of any of its rights, remedies, powers, or privileges will not be effective unless in writing and will not be construed as a waiver of any succeeding breach of the same or any other provision of this Agreement.
5. Severability. In the event that any provision (or any portion of a provision) of this Agreement will for any reason be held by a court of competent jurisdiction to be invalid, illegal, void, or unenforceable for any reason, such invalidity, illegality, voidance, or unenforceability will not affect any other provision of this Agreement, including the validity thereof, and this Agreement will be construed as if such invalid, illegal, or unenforceable provision (or portion of a provision) had never been contained in this Agreement in regards to that particular jurisdiction.
6. Amendments. For greater certainty, this Agreement may only be modified by the unilateral amendment of this Agreement by Whisker.
7. Enurement. This Agreement will enure to the benefit of and be binding upon each of the parties and their respective successors and permitted assigns.
8. Relationship. Nothing in this Agreement or your use of the Websites (or any portion thereof) will be deemed to constitute either party as an agent, representative, or employee of the other party or both parties as joint venturers or partners for any purpose.
9. No Third-Party Rights. There are no third-party beneficiaries to this Agreement, other than the Whisker Parties (to the extent expressly stated in this Agreement). Otherwise, this Agreement does not and is not intended to confer any rights or remedies upon any Person other than the parties hereto.
10. Headings. The division of this Agreement into Sections and the insertion of headings are for convenience of reference only and will not affect the construction or interpretation of this Agreement. The terms “this Agreement”, “hereof”, “hereunder”, and similar expressions refer to this Agreement and not to any particular Section or other portion of this Agreement and include any agreement supplemental hereto. Unless something in the subject matter or context is inconsistent therewith, references in this Agreement to Articles and Sections are to Articles and Sections of this Agreement.
11. Extended Meanings. In this Agreement, unless the context requires otherwise, words importing the singular include the plural and vice versa and words importing gender include all genders and the terms “include” and “including” will also mean “include without limitation” and “including without limitation” respectively.
12. Statute References. Any reference in this Agreement to any statute or any section thereof will, unless otherwise expressly stated, be deemed to be a reference to such statute or section as amended, restated, or re-enacted from time to time.
13. Entire Agreement. This Agreement constitutes the entire agreement between the Parties pertaining to the subject matter hereof and supersedes all prior agreements, negotiations, discussions, and understandings, written or oral, between the Parties. Except as otherwise expressly provided in this Agreement, there are no representations, warranties, conditions, other agreements, or acknowledgements, whether direct or collateral, express or implied, that form part of or affect this Agreement. The execution of this Agreement has not been induced by, nor does either Party rely upon or regard as material, any representations, warranties, conditions, other agreements, or acknowledgements not expressly made in this Agreement.
14. English Language. It is the express wish of the parties that this Agreement be drafted in English. Les parties aux présentes ont expressément demandé que ces modalités d’utilisation soient rédigées en anglais.
15. Contact Us. If you have any questions regarding this Agreement, please contact us via email to support@whisker.com.
  
  Whisker is located at 1080 West Entrance Drive, Auburn Hills, MI 48326 USA
  
  Telephone: 877-250-7729