The material contained in this Website has been checked for accuracy; however, the Website may contain typographical errors or other errors or inaccuracies and may not be complete or current. PetCareRx therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Website at any time without prior notice. PetCareRx does not guarantee that any errors, inaccuracies or omissions will be corrected and does not assume responsibility for any errors or omissions in the content. All content is intended for use by and delivery to U.S. residents. Orders received from or for delivery to locations outside the U.S. are subject to acceptance by PetCareRx. Unless provided otherwise, all material is provided without any express or implied warranties and is subject to PetCareRx’s return policy.
2. Intellectual Property
You should assume that everything you see or read on the Website is copyrighted unless otherwise noted and may not be used except as provided in these Terms and Conditions or in the text on the Website without the written permission of PetCareRx. PetCareRx neither warrants nor represents that your use of materials displayed on the Website will not infringe rights of third parties not owned by or affiliated with PetCareRx. All other product names contained in this Website may be trademarks or registered trademarks of their respective owners. Images of people or places on this Website are the property of or used with permission by PetCareRx or its vendors and suppliers. The use or misuse of those trademarks and images except as expressly authorized is prohibited.
3. Links to Third-Party Websites
4. Linking to this Website
Unless specifically authorized by PetCareRx, you may not connect “deep links” to the Website, i.e., create links to this site that bypass the home page or other parts of the Website. You may not mirror or frame the home page or any other pages of this Website on any other web site or web page without PetCareRx’s authorization.
5. Downloading Files
PetCareRx cannot and does not guarantee or warrant that files available for downloading through the Website will be free of infection by software viruses or other harmful computer code, files or programs.
Any software available for download via the Website is the copyrighted work of PetCareRx and/or its licensors. Use of such software is governed by the terms of the end user license agreement that accompanies or is included with the software. Downloading, installing, and/or using any such software indicates your acceptance of the terms of the end user license agreement.
From time to time the PetCareRx may offer you the ability to enter sweepstakes, contests, and various other promotions. These promotions are governed by an additional set of rules and terms and conditions.
8. Disclaimer of Warranties
PETCARERX MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE WEBSITE OR ITS CONTENT. PETCARERX EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE WEBSITE AND, ITS CONTENT. PETCARERX DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE WEBSITE WILL BE CORRECTED. THE WEBSITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
9. Limitation of Liability
10. User Conduct
You agree to use the Website only for lawful purposes. You agree not to take any action that might compromise the security of the Website, render the Website inaccessible to others or otherwise cause damage to the Website or its content. You agree not to add to, subtract from, or otherwise modify the content, or to attempt to access any content that is not intended for you. You agree not to use the Website in any manner that might interfere with the rights of third parties.
11. User Supplied Information
PetCareRx does not want to receive confidential or proprietary information from you via the Website. You agree that any material, information, or data you transmit to us or post to the Website will be considered non confidential and non proprietary. For all such submissions: (1) you guarantee to us that you have the legal right to post and that such posting will not violate any law or the rights of any person or entity; and (2) you give PetCareRx the royalty-free, irrevocable, perpetual, worldwide right to use, distribute, display and create derivative works from the such submission, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you.
What Information Do We Collect About Our Customers?
The information we learn gather helps us enhance and personalize the Website and the services offered. We gather the following types of information:
Information You Give Us: We receive and store any information you enter on our Website or give in any other way (e.g., by email, telephone, fax or mail). This includes, but is not limited to, information you provide when you register as a member, engage in transactions, search, contact customer service, or participate in contests, promotions, surveys, forums, content submissions, chats, bulletin boards, discussion groups, requests for suggestions or other aspects or services offered by us. As a result, you may be supplying us with such information as your name, address, email address and phone numbers; credit/debit numbers, expiration date and other billing information; people to whom purchases have been shipped, including addresses and phone number; names and e-mail addresses of friends and possibly other people as a result of promotional activity.
Information Provided by Third Parties: We may obtain certain information of customers from third parties. This may include, but not be limited to, updated delivery or address information from carriers and information (including but not limited to name and email addresses) or information on certain buying behavior and practices.
How Do We Use the Information We Collect and Do We Share the Information We Receive
Information about our customers is important to our business. We use information we collect to communicate with you, to process your orders, to provide an enhanced and more personalized interactive shopping experience, to facilitate your transactions with our third party marketing partners and to inform you of offers and discounts and other messaging that pertains to our customers. If you do not wish to receive any communications via email, you can opt-out of direct promotional communications by following the unsubscribe instructions within each communication to you, or by emailing us at Privacy@PetCareRx.com.
Third Party Service Providers
We share customer information with third parties only as follows: We may work closely with other businesses (that we don’t own or control) that sell products or services on PetCareRx.com. In some cases, these businesses may operate stores or websites that sell products or services to you directly. In other cases, we operate stores, provide services, or sell product lines jointly with these businesses. We share customer information related to those transactions with that third party.
We periodically provide our customers with information about third party products and services we believe will be of interest to you and with opportunities to participate in offers and/or promotions on behalf of other businesses. Your participation in these events may require us to share data with such a business. If you do not want to receive such information or offers, on behalf of third parties or otherwise, please opt-out during registration, or email us later at Privacy@PetCareRx.com or follow the unsubscribe instructions within each communication.
Other Third Parties/Select Partners
From time to time, we might establish a business relationship with other persons or entities who we believe are trustworthy. These are known as our “Select Partners”. In such cases, we might share and cross-reference information, including personal information about you that will enable such persons or entities to contact you regarding products and services that may be of interest to you. We may also combine your personal information with publicly available information and information we receive from or cross-reference with our Select Partners and others. We use that combined information to enhance and personalize your shopping experience with us, to communicate with you about our products and services that may be of interest to you, and for further promotional purposes. If you do not want us to share information with Select Partners please opt-out during registration, email us later at Privacy@PetCareRx.com or follow the unsubscribe instructions within each communication.
People whom you Refer
If you choose to use our Refer A Friend program to tell a friend or someone else about our Website, we will ask you for your friend’s or that person’s name and email address. Our Partner will automatically send your friend or that person email sharing a Discount with him or her and instructions on how to use it on the Website. Your friend may contact us at Privacy@PetCareRx.com to request that we remove this information from our database. In order for you to get credit for a friend who joins PetCareRx.com, the person whom you share must use the URL in the email that identifies you as the sharer. Also, if you were referred to PetCareRx.com by an existing member through the Refer A Friend program, that member may be notified when your order qualifies him/her for a credit.
If you review a product on the Website, your review may be posted on PetCareRx.com. We are not responsible for the personally identifiable information you choose to submit in this forum. When seeking or receiving customer testimonials or feedback, we disclose that we may post their first name along with all or a portion of their testimonial on the Website. Any information provided in a testimonial must be your honest opinion.
In the event that PetCareRx.com, all or substantially all of their respective assets, or a line of business of PetCareRx.com, is acquired, individually identifying information of our members may be one of the assets sold in connection with that transaction, without notice to you or your consent. We will notify users of the Website of such a change in ownership or transfer of assets by posting a notice on the Website.
In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors rights generally, we may not be able to control how your personal information is treated, transferred, or used. Therefore, you should know that in such event, your personal information may be treated like any other asset of PetCareRx, and sold, transferred or shared with third parties, or used in ways not contemplated or permitted hereunder, without notice to you or your consent.
How Secure Is the Personal Information You Collect?
We have taken precautions, including the deployment of technological resources and the use of firewalls, systems and procedures, to protect the security of your personal information. When you enter credit card information on our Website, we may store it so that you do not have to re-enter it every time you order, but we encrypt it when storing. While no security system is absolutely foolproof, we are constantly reviewing, refining and upgrading our security technology to protect your privacy. When you open an account with PetCareRx.com, you are issued a password by which to access and secure your account and account information. Although we have taken these precautions, you are responsible for maintaining the secrecy of your password, which should not be disclosed by you. Be sure to sign off when finished using a shared computer.
Minors - COPPA Compliance
You must be 18 years of age or older to become a member of PetCareRx.com. We are committed to protecting the privacy and rights of children online. To that end, we do not collect any personally identifiable information from users whom we know are under the age of 13. Should we discover or be informed that a child has submitted his/her or another child’s personal information, we will delete such information from our records.
California Privacy Rights
Pursuant to Section 1798.83 of the California Civil Code, residents of California have the right to request from a business, with whom the California resident has an established business relationship, certain information with respect to the types of personal information the business shares with third parties for direct marketing purposes by such third party and the identities of the third parties with whom the business has shared such information during the immediately preceding calendar year. To request a copy of the information disclosure provided by us under Section 1798.83 of the California Civil Code, please contact Privacy@PetCareRx.com.
Protection of PetCareRx.com and Others
Security/ Changing Your Personal Information
If you register with the Website, you are responsible for maintaining the confidentiality of your member identification and password information, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your member identification and password. You may review, change or correct your personally identifying information at any time by accessing your account information on the Website or calling us at the contact information below. You are responsible for maintaining the accuracy and completeness of your personal and other information, including your e-mail address, and we urge you to review your information regularly to ensure that it is correct and complete.
13. Dispute Resolution/ Choice of Law.
Most customer concerns can be resolved quickly and to the customer’s satisfaction by contacting our customer service department by email at customerservice@PetCareRx.com, or call us at (800) 844-1427. In the unlikely event that Our customer service department is unable to resolve a complaint you may have to your satisfaction (or if we have not been able to resolve a dispute it has with you after attempting to do so informally), you and we each agree to resolve those disputes through binding arbitration or in small claims court, rather than proceeding in a court of general jurisdiction. You and we further agree that each may bring claims against the other only in an individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted even if the arbitral body permits claims to proceed on a class wide basis. For any non-frivolous claim that does not exceed $75,000, we will pay all costs of the arbitration. Moreover, in arbitration you are entitled to recover attorneys’ fees from us to at least the same extent as you would be entitled to in court.
You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver. You waive and relinquish all rights and benefits which you have or may have under Section 1542 of the Civil Code of the State of California or any similar provision of the statutory or non-statutory law of any other jurisdiction to the full extent that you may lawfully waive all such rights and benefits.
This Agreement is governed by the laws of the State of New York. If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of this Agreement, all of which will remain in full force and effect.
14. General Provisions
15. Contact Us
If you have any questions or suggestions, please contact us at Privacy@PetCareRx.com or call us at 1-800-844-1427 or write us at 52 Merton Avenue, Lynbrook, NY 11563.
Last Updated: August 8, 2011