PetCareRx, Inc. Terms of Use and Privacy Policy
Welcome to PetCareRx.com (the “Website”). This Website is owned and operated by PetCareRx, Inc. (“PetCareRx” or “We” or “Us”). By accessing and using the Website, you agree to each of the terms and conditions set forth herein (“Terms of Use”). Additional terms and conditions applicable to specific areas of this Website or to particular content or transactions are also posted in particular areas of the Website and, together with these Terms of Use, govern your use of those areas, content or transactions. These Terms of Use, together with applicable additional terms and conditions, are referred to as this “Agreement.”
1. Terms of Use
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
Links on the Website to third party websites or information are provided solely as a convenience to you. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by PetCareRx of the third party, the third-party website, or the information contained therein. PetCareRx is not responsible for the availability of any such websites. PetCareRx is not responsible or liable for any such web site or the content thereon. If you use the links to the websites of PetCareRx affiliates or service providers, you will leave the Website, and will be subject to the terms of use and privacy policy applicable to those 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.
6. Software
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.
7. Promotions
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
IN NO EVENT WILL PETCARERX BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE WEBSITE, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE WEBSITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE WEBSITE, THE SERVICE AND/OR THE CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE WEBSITE, ITS CONTENT OR PRODUCTS OR SERVICES PURCHASED THROUGH FROM PETCARERX, EVEN IF PETCARERX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE WEBSITE, ITS CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
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.
12. Privacy Policy
PetCareRx is sensitive to your concerns about how we may use and share information that we collect from you. We recognize and respect the importance of maintaining the privacy of our visitors and customers and have established our Terms of Use and Privacy Policy as a result. This policy is incorporated into our Account Agreement and governs your use of the Website and/or any services offered by PetCareRx. By visiting the Website, and/or utilizing any services offered or products sold by PetCareRx, you are accepting the then current practices described herein.
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.
Automatic Information / Use of Cookies: We automatically receive and store certain types of information whenever you interact with us. For example, as most sites do, we use “cookies,” and we obtain certain types of information when your web browser accesses the Website. This information is compiled and analyzed on both a personal and an aggregated basis, and it may include the site’s Uniform Resource Locator (“URL”) that you just came from, which URL you will go to next, what browser you are using, and your Internet Protocol (“IP”) address. In addition to the URL and IP addresses of our visitors, cookies may gather the date and time of all visits to our Website. We may also track the pages of our Website that users viewed during their visit, time spent on the Website or track search terms entered on our Website by that visitor. This helps us keep track of the number of visitors to our Website and allows us to gauge the areas that are of the most interest to our visitors to help us market better by personalizing our offers. We use a third-party tracking service that uses cookies and other tracking technologies to track non-personally identifiable information about visitors to the Website. This information is analyzed and is used to understand usage patterns and remarket on the Website. We may share the non-personally identifiable information gathered through use of cookies with our advertisers and/or business partners, in order to make the Website as user-friendly as possible. Further, some of our business partners (e.g., advertisers) use cookies on the Website. We have no access to or control over these cookies. This Privacy Policy covers the use of cookies by PetCareRx only and does not cover the use of cookies by any advertisers and/or business partners. Other examples of automatic information we may collect are purchase history, products viewed or searched for, visits to certain pages, page interaction information and the phone number you use to call our 800 number. We associate the information we store in cookies to personally identifiable information you submit while on the Website.
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.
Promotional Offers
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.
Reviews/Share This/Testimonials
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.
Merger/Sale
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.
Bankruptcy
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.
Links
PetCareRx.com contains links to other websites. We have no control over the content, policies or actions of these sites, even if you are offered services on those sites because you have established an account with PetCareRx.com. We are not responsible for the privacy practices or the content of any other websites. This Privacy Policy applies only to information collected by our Website.
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
We release account and other personal information when we believe release is appropriate to comply with the law and/or a judicial proceeding, court order or legal process served on PetCareRx; enforce or apply our Terms of Use and other agreements; or protect the rights, property, or safety of PetCareRx, our Website users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.
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
These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by PetCareRx of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Our, Terms of Use and other terms and conditions (including our Privacy Policy) may change at any time in our sole discretion. In the event of a change, the revised policies or terms and conditions will be posted immediately to the Website. You should check the Website frequently to see recent changes. If we make material changes to this policy, we will notify you or by means of a notice on the Website. Unless stated otherwise, our current Privacy Policy applies to all information that we have about you.
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