Updated: January 5th 2023

Please read these terms of use carefully before using our website and/or subscribing to our services. By using our website and/or subscribing to our services, you consent and agree to these terms of use. If you do not agree, please do not use our website or download/purchase any products from our website.

We will always do our best to fulfill your needs and meet your goals, but sometimes it is best to have a few simple things written down so that we both know what is what, who should do what, and what happens if something goes wrong. We are required by law to remind you that we do not guarantee results, income or outcomes if you use our tools, services, or recommendations/advice. As we have no control over how well (or if) a client closes deals, your competitors, how well a client’s website copy converts, the quality of content produced, how well the recommended tasks/changes were completed, or whether a client’s marketing strategy, accountability, and many other factors outside of our control are applied. The above factors can all affect the outcome/performance of implementing our recommendations.

Below is everything you need to know when using PetBiz Reports from Barketing Solutions Inc. and The Virtual Petpreneur, hereby referred to as “PetBiz Reports.” All users of our services/products are expected to read through our Terms of Service (Terms).

By signing up for our services and/or downloading any products from our website, you acknowledge having read and agree to our Terms. These Terms govern your access and use of the products and services (“Services”) provided by PetBiz Reports. By using our products, you’re agreeing to be bound by these Terms. If you’re using our products for an organization, you’re agreeing to these Terms on behalf of that organization and in these Terms, “you” or “your” refers to that organization. If you disagree to any part of these terms you may not access our services or products.

We may modify these Terms from time to time by posting the most current version on our website. Any new features and services or products we add to our Services are subject to these Terms. We will notify you if a modification to the terms reduces your rights. If you do not agree to a modification, you may terminate your use of our Services or request us to terminate the provision of our Services to you. By continuing to use our Services or products after the modification comes into effect, you agree to be bound by the modified Terms. 

1. Acceptances. By using our Services, you agree to cooperate and to provide PetBiz Reports with everything needed to complete the Services, when and in the format requested by these PetBiz Reports. If PetBizReports is not provided with the necessary data source information, reporting results may be limited. The PetBiz Reports has the experience and ability to do everything agreed to for the Client and will do it all professionally and promptly. PetBiz Reports will endeavour to meet every deadline set and the expectation for Services to the best of its abilities. PetBiz Reports will provide services included in the subscription plan you choose.

2. Warranty. PetBiz Reports warrants that: (i) the Services will be performed in a professional and workmanlike manner and that none of such Services or any part of this Agreement is or will be inconsistent with any obligation PetBiz Reports may have to others; (ii) none of the Services or Inventions or any development, use, production, distribution or exploitation thereof will infringe, misappropriate or violate any intellectual property or other rights of any person or entity (including, without limitation, PetBiz Reports); (iii) PetBiz Reports has the full right to provide Client with the assignments and rights provided for herein; (iv) PetBiz Reports shall comply with all applicable laws in the course of performing the Services and (v) if PetBiz Reports’ work requires a license, PetBiz Reports has obtained that license, and the license is in full force and effect.

   EXCEPT AS SET FORTH HEREIN, ALL DELIVERABLES ARE DELIVERED ON AN “AS-IS” BASIS.

   Each party represents and warrants that it has the legal power to enter into this Agreement. PetBiz Reports represents and warrants that (i) it will provide the Service in a manner consistent with general industry standards reasonably applicable to the provision thereof; (ii) the Service shall perform materially in accordance with the Documentation; and (iii) the Service will not contain or transmit to Customer any Malicious Code (except for any Malicious Code contained in User or Customer-uploaded materials or otherwise originating from Customer or a User.)

3. Confidentiality. Each party shall maintain, in the strictest confidence, all Confidential Information (as defined in the next sentence) of the other party. “Confidential Information” means all (i) nonpublic information (at the time of disclosure) disclosed by one party to the other party under this Agreement (including, provided such information is marked or indicated by the disclosing party to be confidential; (ii) and any information which ought reasonably be considered confidential with regard to the circumstances surrounding disclosure, whether or not such information is marked “Confidential”.

   In the event a party is required to disclose Confidential Information pursuant to a judicial or other governmental order, such party shall, to the maximum extent permitted by law or opinion of counsel, provide the other party with prompt notice prior to any disclosure so that the party or its client may seek other legal remedies to maintain the confidentiality of such Confidential Information.

   Each party receiving Confidential Information shall be responsible for any breach of this provision that is caused by any of its employees, affiliates, representatives or agents and such party agrees to indemnify and hold harmless the other party from and against any liabilities, claims, damages, losses, costs and expenses resulting, directly or indirectly, from any breach by a party, or any of its employees or independent contractors, of any provision of this Agreement. The obligations of this Section shall survive termination of this Agreement for a period of 3 years.

4. Relationship of Parties. Nothing contained in this Agreement shall be construed to create a partnership, joint or co-venture, agency, or employment relationship between PetBiz Reports and Client. Both Parties agree that is, and at all times during this Agreement shall remain, an independent contractor.

5. Fees and Payments. PetBiz Reports will charge client a subscription and setup fee, if applicable, based on the client’s account plan by charging your payment method in advance for the subscription term via Barketing Solutions Inc. that you have agreed to follow the activation of your account.

   Should you upgrade or downgrade your account plan, your payment method will be charged for your new billing rate. Details of what is included in your account plan are listed on our website. At the time of your upgrade or downgrade, your prior account plan charges will be prorated based on the number of days under the prior account plan. Your payment method will then be charged at your new billing rate for the new subscription term thereafter.

   All payment obligations are non-cancelable and all amounts paid are non-refundable. We don’t provide any refunds for fees. These are billed in advance on a monthly basis. No credits or refunds are issued for cancelled plans, as cancellations take effect at the end of the billing cycle chosen by the Client.

   All amounts are payable in United States Dollars (USD), or Canadian Dollars (CAD).

   We will notify you of any fee changes by, for example, sending a message to the email address associated with your account, or posting on our Services or website. For existing contracts for which fees have already been received by us, we will implement the price changes during the next renewal period. The credit card on file will be charged in the AM for any outstanding invoices for deposits or final payments for website design projects and you hereby agree that

   PetBiz Reports is authorized to charge your credit card. The payment amount will be listed on the order form and invoice(s). 

6. Refund Policy. Since our service offering is non-tangible, irrevocable goods, we do not issue refunds after the product/service is delivered, which you acknowledge before purchasing any product/service at our site. Cancellations will take effect on the next billing cycle. 

7. Acceptable Content.All services provided by PetBiz Reports may only be used for lawful purposes. Examples of unacceptable content include, but are not limited to: copyrighted material, material we judge to be threatening or obscene, hate sites, illegal pornography (eg. kiddie porn [under legal age], bestiality), warez sites, proxy scripts, dangerous or insecure scripts. You agree to indemnify and hold harmless PetBiz Reports from any claims resulting from the use of our services or incorrect information on your website.

   If you believe that your copyright or trademark is being infringed upon, please email info@petbizreports.com.

8. Taxes. Unless otherwise stated, PetBiz Reports fees do not include any direct or indirect local, state, provincial, federal or foreign taxes, levies, duties or similar governmental assessments of any nature, including value-added, goods and services, harmonized, use or withholding taxes (collectively, “Taxes”). The customer is responsible for paying all Taxes associated with its purchases hereunder, excluding taxes based on Provider’s net income or property. If PetBiz Reports has the legal obligation to pay or collect Taxes for which Customer is responsible under this section, the appropriate amount shall be invoiced to and paid by Customer unless Customer provides Provider with a valid tax exemption certificate authorized by the appropriate taxing authority. PetBiz Reports will collect necessary taxes for all applicable provinces in Canada. 

9. Plans. Essential Insights: Standard Insights: Premium Insights:
10. Termination. Either Party may terminate this Agreement at any time, with or without cause, upon 7 days’ written notice, and your account will be terminated at the next billing cycle as all subscriptions are prepaid services. (Example: If you are charged on January 1st, your subscription payment covers January 1 – 31. If you cancel on January 15, you will not be refunded and will have access until Jan 31; your account will then not be renewed on February 1 and will be cancelled.) Either Party also may at any time terminate the Agreement immediately if: (i) the other party commits a breach of this Agreement and such party does not cure a breach within 5 days of written notice from the non-breaching party of such breach. If this Agreement is terminated earlier by Client without cause, Client agrees to pay any and all sums which are due and payable for services provided as of the date of termination and understand there are no refunds and that their account will be cancelled at their next billing cycle based on monthly or annual subscription.
11. Indemnification and Limitation of Liability. Our services and work product are sold “as is” in all circumstances. In no event shall we be liable for any lost data or content, lost profits, business interruption, or for any indirect, incidental, special, consequential, exemplary or punitive damages arising out of or relating to the materials, the services we provide, or advice given, even if we have been advised of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy. Use our services and implement our recommendations and advice at your own risk.

    Client agrees to indemnify, defend and hold harmless PetBiz Reports from any and all claims, actions, damages, liabilities, costs and expenses (including, without limitation, reasonable attorneys’ fees) arising in any manner caused by Client’s (i) gross negligence; (ii) out of any claim that Client provided content, or any portion thereof in fact infringes upon or violate any proprietary rights of any third party, including but not limited to patent, copyright and trade secret rights; or (iii) from a breach or alleged breach of any of Client’s representations, warranties or agreements herein.

    TO THE EXTENT PERMITTED BY LAW, PETBIZ REPORTS SHALL NOT BE LIABLE FOR ANY BODILY INJURY, DEATH OR PROPERTY DAMAGE ARISING IN CONNECTION WITH THE USE OF THE SERVICE. IN NO EVENT SHALL EITHER PARTY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED THE AMOUNTS ACTUALLY PAID BY AND DUE FROM THE CUSTOMER HEREUNDER IN THE TWELVE MONTHS PRECEDING THE INCIDENT GIVING RISE TO LIABILITY.

    IN NO EVENT SHALL EITHER PARTY HAVE ANY LIABILITY TO THE OTHER PARTY FOR ANY LOST PROFITS OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOST SAVINGS OR OTHER SIMILAR PECUNIARY LOSS) HOWEVER CAUSED AND, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    NOTWITHSTANDING THE FOREGOING, NO LIMITATION OF EITHER PARTY’S LIABILITY SET FORTH IN THIS AGREEMENT SHALL APPLY TO (I) DAMAGES ARISING FROM A PARTY’S BREACH OF ITS CONFIDENTIALITY OBLIGATIONS, (II) DAMAGES ARISING FROM ANY INFRINGEMENT AND/OR MISAPPROPRIATION OF A PARTY’S INTELLECTUAL PROPERTY RIGHTS; OR (III) ANY CLAIMS FOR NON-PAYMENT.

12. Deliverables. Both Parties agree that when asked, the Client must properly identify PetBiz Reports as the creator/author of the deliverables. Client does not have a proactive duty to display PetBiz Reports name together with the deliverables, but Client may not seek to mislead others that the deliverables were created by anyone other than PetBiz Reports.
13. Governing Law and Dispute Resolution. This Agreement shall be governed by the laws of the Province of Ontario without regard to its conflict of law principles. No choice of laws rules of any jurisdiction shall apply to this Agreement. The application of the United Nations Convention on Contracts for the International Sale of Goods to this Agreement is expressly excluded.

     

14. Venue; Waiver of Jury Trial. The courts located in the Province of Ontario shall have exclusive jurisdiction to adjudicate any dispute arising out of or relating to this Agreement. Each party hereby consents to the exclusive jurisdiction of such courts. Each party also hereby waives any right to jury trial in connection with any action or litigation in any way arising out of or related to this Agreement.

    Neither party may assign any of its rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of the other party (not to be unreasonably withheld). Notwithstanding the foregoing, each party may assign this Agreement in its entirety, without consent of the other party, in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its stock or assets. Any attempt by a party to assign its rights or obligations under this Agreement in breach of this section shall be void and of no effect. Subject to the foregoing, this Agreement shall bind and inure to the benefit of the parties, their respective successors and permitted assigns.

15. Force Majeure. Neither party shall be responsible for its failure to perform to the extent due to unforeseen circumstances or causes beyond its control, including but not limited to acts of God, wars, terrorism, riots, embargoes, acts of civil or military authorities, fires, floods, accidents, or strikes, labour problems (other than those involving the employees of the affected party), computer, telecommunications, Internet service provider or hosting facility failures or delays involving hardware, software or power systems not within a party’s possession or reasonable control, provided that such party gives the other party prompt written notice of the failure to perform and the reason therefore and uses its reasonable efforts to limit the resulting delay in its performance.
16. Entire Agreement. This Agreement, including any other documents referenced herein, constitutes the entire agreement between the parties, and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. No modification, amendment, or waiver of any provision of this Agreement shall be effective unless in writing and signed by the party against whom the modification, amendment or waiver is to be asserted. To the extent of any conflict or inconsistency between the provisions in the body of this Agreement and any schedule, exhibit or addendum hereto, the terms of such schedule, exhibit or addendum shall prevail. Notwithstanding any language to the contrary therein, no terms or conditions stated in a Customer purchase order or in any other Customer order documentation shall be incorporated into or form any part of this Agreement, and all such terms or conditions shall be null and void.

     

17. Changes to Terms of Service. You can review the most current version of the Terms of Service at any time at this page.

    We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes

18. Legal Disclaimer. EXCEPT AS EXPRESSLY PROVIDED HEREIN, PETBIZ REPORTS MAKES NO REPRESENTATIONS AND PROVIDES NO WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND SPECIFICALLY DISCLAIMS ALL IMPLIED REPRESENTATIONS, WARRANTIES AND/OR CONDITIONS, INCLUDING ANY REPRESENTATIONS, WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, TITLE, NON-INFRINGEMENT, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

    We can’t guarantee that the functions contained in our services, reports, and advice will always be error-free. Therefore, we can’t be liable to you or any third party for damages, including lost profits, lost savings or other incidental, consequential, or special damages arising out of the operation of, or inability to operate, your website or any other web pages, even if you have advised us of the possibilities of such damages.

    If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

    WE WILL USE COMMERCIALLY REASONABLE EFFORTS TO ENSURE THAT ALL FINAL DELIVERABLES COMPLY WITH THE KNOWN RELEVANT RULES AND REGULATIONS. YOU, UPON ACCEPTANCE OF THE DELIVERABLES, SHALL BE RESPONSIBLE FOR CONFORMANCE WITH ALL LAWS RELATING TO THE TRANSFER OF SOFTWARE AND TECHNOLOGY.