Last updated: July 18, 2013
These Websites are offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using any of the Websites, you represent and warrant that you are of legal age to form a binding contract with Us and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Websites.
Online Purchases and Other Terms and Conditions
Information About You and Your Visits to the Website
You should assume that everything you see or read on the Websites is copyrighted unless otherwise noted and may not be used except as provided in these Terms and Conditions or in the text on the Websites without the written permission of PetCareRx. PetCareRx neither warrants nor represents that your use of materials displayed on the Websites will not infringe rights of third parties not owned by or affiliated with PetCareRx. However, we take violations of copyright seriously. Please see our Copyright Policy for instructions on sending us a notice of copyright infringement. It is the policy of PetCareRx to terminate the user accounts of repeat infringers.
All other product names contained in these Websites may be trademarks or registered trademarks of their respective owners. Images of people or places on these Websites 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.
Protection Plus by PetCareRx
The Protection Plus by PetCareRx (the "Protection Plan" or "Plan") covers those medications that are required by law to be prescribed by a licensed veterinarian, as well as other discounts and offers available only to subscribers. Your participation in the Plan is subject to the Plan Terms.
Content License and Intellectual Property Rights
You retain any and all intellectual property rights you already hold under applicable law in content you upload, publish, and submit to or through the Websites, subject to the rights, licenses and other terms of this Agreement.
In connection with content you upload, publish or submit to any part of the Websites or in connection with its services, you affirm, represent, and warrant that you own or have all necessary rights, licenses, consents, and permissions to use and authorize us to use the content in the manner contemplated by this Agreement. Do not upload any content to which you do not have these rights.
Because the law may or may not recognize certain intellectual property rights in any particular content, you should consult a lawyer if you want legal advice regarding your legal rights in a specific situation. You acknowledge and agree that you are responsible for knowing, protecting, and enforcing any intellectual property rights you hold, and that we cannot do so on your behalf.
You grant certain content licenses to us by submitting your content on the Websites. You agree that by uploading, publishing, or submitting any content to or through the Websites you hereby automatically grant us a non-exclusive, worldwide, royalty-free, sublicenseable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the contact for the purposes of providing and promoting the Websites and our services.
You understand that this license enables us to display, distribute, promote, and improve the Websites and our services. You agree that the license includes the right to copy, analyze and use any of your content as we may deem necessary or desirable for purposes of debugging, testing, or providing support or development services in connection with the service and future improvements to the Websites and our services.
Use of Bulletin Board, Chat Room, and Other Communication Forums
The Websites may contain bulletin boards, chat rooms, or other message or communication facilities (collectively "Forums"). You agree to use the Forums only to send and receive messages and material that are proper and related to the particular Forum. By way of example, and not as a limitation, you agree that when using a Forum, you shall not do any of the following:
a. Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
b. Publish, post, distribute, or disseminate any defamatory, infringing, obscene, indecent, or unlawful material or information.
c. Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
d. Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
e. Delete any author attributions, legal notices, or proprietary designations or labels in any file that is uploaded.
f. Falsify the origin or source of software or other material contained in a file that is uploaded.
g. Advertise or offer to sell any goods or services or conduct or forward surveys, contests, or chain letters.
h. Download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner.
i. Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
j. Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
k. Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
You acknowledge that all Forums are public and not private communications. Further, you acknowledge that chats, postings, conferences, and other communications by other users are not endorsed by us, and such communications shall not be considered reviewed, screened, or approved by us. We reserve the right for any reason to remove without notice any contents of the Forums received from users, including without limitation bulletin board postings. We reserve the right to deny in its sole discretion any user access to the Websites or any portion thereof without notice.
Reliance on Information Posted
The material contained in the Websites has been checked for accuracy; however, the Websites 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 Websites 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.
Changes to the Website
We may update the content on the Websites from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Websites may be out of date at any given time, and we are under no obligation to update such material.
Links to Third-Party Websites
Linking to this Website
You may not connect "deep links" to the Websites, i.e., create links to this site that bypass the home page or other parts of the Website in a manner that or for the purpose of diminishing the performance or searchability of the Websites. We reserve the right to block any disruptive deep links to the Websites. You may not mirror or frame the home page or any other pages of the Websites on any other web site or web page without PetCareRx’s authorization.
PetCareRx cannot and does not guarantee or warrant that files available for downloading through the Websites will be free of infection by software viruses or other harmful computer code, files or programs.
Any software available for download via the Websites 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.
Disclaimer of Warranties
NEITHER PETCARERX NOR ITS AFFILIATES MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE WEBSITES OR THE CONTENT ON THEM. PETCARERX AND ITS AFFILIATES EXPRESSLY DISCLAIM 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 WEBSITES AND, THE CONTENT ON THEM. PETCARERX AND ITS AFFILIATES DO NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE WEBSITES WILL BE CORRECTED. THE WEBSITES AND THE CONTENT ON THEM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
Limitation of Liability
You agree to use the Websites only for lawful purposes. You agree not to take any action that might compromise the security of the Websites, render the Websites inaccessible to others or otherwise cause damage to the Websites or the content on them. 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 Websites in any manner that might interfere with the rights of third parties.
PetCareRx Does Not Provide Medical Advice
The information that you obtain or receive from PetCareRx is for informational and scheduling purposes only. The information provided on the Websites and in any other communications from or provided through Websites is not intended as a substitute for, nor does it replace, professional medical advice, diagnosis or treatment. Do not disregard, avoid or delay obtaining medical advice for your pet from a qualified health care professional because of something you may have read on the Websites. PetCareRx does not recommend or endorse any specific veterinarian. If you rely on any of the information provided by the Websites, you do so solely at your own risk.
Provider Relationships and Lists
In connection with using the Websites and related services to locate and schedule appointments with veterinarians, you understand that you are ultimately responsible for choosing your own veterinarians to provide services to your pet. PetCareRx selects veterinarians to be listed on the Websites pursuant to a contractual agreement with the veterinarians. In addition to signing a contract, veterinarians may also pay a fee to PetCareRx in order to appear on the Websites.
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 that 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.
If you have any questions or suggestions, please contact us at jaystewart@PetCareRx.com or call us at 1-800-844-1427 or write us at 52 Merton Avenue, Lynbrook, NY 11563.
Last Updated: July 18, 2013
What Information Do We Collect About Our Customers?
The information we learn gather helps us enhance and personalize the Websites 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 Websites 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, search for a veterinarian or make an appointment for your pet with a veterinarian 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 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 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, or those businesses fulfill your orders on behalf of PetCareRx.com. We share customer information related to those transactions with that third party.
Sharing Information with a Veterinarian
We share certain information necessary for you to book an appointment with a veterinarian. PetCareRx may share your contact data with veterinarians you choose to schedule through the Websites.
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 offers and/or promotions 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 may 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 You Refer to Us
If you choose to use our Refer A Friend program to tell a friend or someone else about our Websites, 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 Websites. 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 Websites, 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 Websites. 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 Websites of such a change in ownership or transfer of assets by posting a notice on the Websites.
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 Websites, 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.
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 who 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 any of the Websites, 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 any of the Websites or contacting us. 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.
Reporting Claims of Copyright Infringement
• Your physical or electronic signature.
• Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on a Website, a representative list of such works.
• Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material, including the relevant Website.
• Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
• A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
• A statement that the information in the written notice is accurate.
• A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated Copyright Agent to receive DMCA Notices is:
PetCareRx Copyright Agent
52 Merton Avenue
Lynbrook, NY 11563
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.