References to "petMD" in this document means PETMD, LLC, its parent, sister, affiliate, subsidiary entities and divisions and operational designees.
petMD reserves the right to make changes to its Site and its Notices and Policies at any time. Each time you use a Site, you should visit and review the then current Notices and Policies that apply to your transactions and use of the Site. If you do not agree to be bound by the then current Notices and Polices, your sole remedy is not to use the Site. petMD is not responsible for typographical or photographic errors on its Sites (see Errors on Site for more information).
THIS SITE DOES NOT PROVIDE MEDICAL ADVICE
The responses and information provided by petMD (“Services”) are not intended to constitute medical advice, diagnosis or treatment for your pet and should not be relied upon as a substitute to the clinical advice or care management by a treating veterinarian. No veterinary-client-patient relationship is created when you use the Services.
THE SERVICES ARE TO BE USED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY
Always relay any questions you have regarding your pet’s medical condition to your veterinarian, local animal hospital or other qualified veterinary provider. Do not use the Services hereunder in lieu of seeking advice from your veterinarian or delay in seeking your veterinarian’s advice because of information on the Site.
USER GENERATED CONTENT
The Site may contain user-generated content. The opinions expressed via such user-generated content are solely those of the user. These opinions do not represent the opinions of petMD. User-generated content is not reviewed by a petMD veterinarian or any member of the petMD editorial staff for accuracy, balance, objectivity, timeliness, or any other reason except for compliance with the terms and conditions of our Site. Do not consider petMD user-generated content as medical advice. Do not use user-generated content found on the Site in lieu of seeking advice from your veterinarian or delay in seeking your veterinarian’s advice because of information on the Site.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PETMD AND ITS OFFICERS, DIRECTORS AND EMPLOYEES, AS WELL AS ITS THIRD-PARTY AGENTS, CONTRACTORS, DISTRIBUTORS, MERCHANTS OR SPONSORS (COLLECTIVELY, "THIRD PARTIES"), CAN NOT AND DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE. NEITHER PETMD NOR ITS THIRD PARTIES HAVE ANY RESPONSIBILITY FOR YOUR ACTION OR INACTION IN CONNECTION WITH THE SITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH YOUR USE OF THE SITE. NEITHER PETMD NOR ITS THIRD PARTIES WARRANT THE ACCURACY, INTEGRITY OR COMPLETENESS OF THE CONTENT PROVIDED ON THE SITE OR THE PRODUCTS OR SERVICES OFFERED FOR SALE ON THE SITE. PETMD AND ITS THIRD PARTIES SPECIFICALLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PETMD OR ITS THIRD PARTIES SHALL CREATE A WARRANTY, EXCEPT WHERE THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES IS PROHIBITED BY LAW.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL PETMD OR ITS THIRD PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR USE OR INABILITY TO USE THE SITE, INCLUDING YOUR RELIANCE ON ANY INFORMATION OBTAINED FROM THE SITE THAT RESULTS IN MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OR CORRUPTION OF FILES, VIRUSES, DELAYS IN OPERATING OR TRANSMISSIONS OR ANY FAILURE OF PERFORMANCE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY IN ANY ACTION, WHETHER IN CONTRACT, TORT OR ANY OTHER CLAIM, EVEN IF AN AUTHORIZED REPRESENTATIVE OF PETMD HAS BEEN ADVISED OF OR SHOULD HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. BY YOUR USE OF THE SITE, YOU ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE AND SERVICES AVAILABLE THROUGH THE SITE, EXCEPT WHERE THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES IS PROHIBITED BY LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATION OF DAMAGES FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATIONS MAY NOT APPLY. IN ANY EVENT, UNDER NO CIRCUMSTANCES WILL PETMD BE LIABLE TO YOU FOR ANY AMOUNT EXCEEDING ONE THOUSAND U.S. DOLLARS ($1,000.00).
See Legal Notices for more information.
INTENDED FOR USERS OVER 13 YEARS OF AGE
ERRORS ON SITE
Prices and availability of products and services are subject to change without notice. Errors will be corrected where discovered and petMD reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions, including after an order has been submitted, whether or not the order has been confirmed and/or your credit/debit card has been charged. If your credit/debit card has already been charged for the purchase and your order is canceled, petMD will issue a credit to your credit/debit card account in the amount of the charge. Individual bank policies will control when this amount is credited to your account. (If you are not fully satisfied with your purchase, you may return it in accordance with petMD's Return Policy.)
You agree to indemnify and hold petMD and its officers, agents, employees and other partners and Third Parties harmless from any loss, liability, claim or demand, including reasonable attorney's fees, made by any other third party due to or arising out of your use of the Site, including your use of the Site to provide a link to another site or to upload content or other information to the Site. See also Legal Notices.
The Site is operated by petMD, with offices in the United States of America. If there is any dispute regarding the Site, by using the Site, you agree that the dispute will be governed by the laws of the State of Arizona without regard to its conflict of law provisions. You agree to personal jurisdiction and venue in the state and federal courts of the State of Arizona, Maricopa County.
TERMINATION OF SITE USE
petMD, in its sole discretion, may terminate your retail account, membership registration or similar uses of the Site at anytime. You are personally liable for any orders that you place or charges that you incur prior to your termination. petMD reserves the right to change, suspend or discontinue all or any aspects of the Site at any time, without prior notice. Upon termination, you will have no account or similar Site membership rights to the Site. Our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any such termination. petMD may provide notice of termination by regular mail or e-mail.
ADDITIONAL TERMS GOVERNING YOUR USE OF OUR PET COMMUNITY AND SIMILAR INTERACTIVE SERVICES SITES
Participation by petMD Associates Strictly Limited
Under the terms of petMD's Insider Trading and Computer Usage Policies, and in particular, in light of the potential for unintentional disclosure of material nonpublic information, petMD directors, officers, Associates and consultants ("petMD Associates") and anyone living in the same household with petMD Associates, are prohibited from participating in electronic chat rooms, internet discussion or message boards or any similar forms of social and media networking, to communicate about petMD or other companies with which we do business.
Participation by any petMD Associate in the petMD Pet Community is limited to setting up a profile and viewing the community. Interactive discussions are strictly prohibited and any violation may result in discipline, up to and including termination pursuant to petMD's policies. Please see the relevant petMD policies and your manager for additional guidance.
Eligibility & Registration
By registering for membership in our petMD Pet Community and similar service Sites, you agree that you are at least 13 years of age at time of registration; that you are responsible for all activities occurring under your username and for keeping your password secure; and that your use of our Site does not violate our Notices and Policies. As part of the registration process, you must click to agree to our Notices and Policies, and will then be asked to select a username and password. You acknowledge that we may refuse to grant you a username that impersonates someone else, is or may be protected by proprietary rights law, or is vulgar, offensive or otherwise inappropriate, as determined by us in our sole discretion.
We may, in our sole discretion, remove any content that we determine is unlawful, fraudulent, harassing, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable, or infringes or violates any party's intellectual property or other proprietary rights or Notices and Policies. This includes comments concerning our competitors, vendors, business partners, service providers, Associates and affiliates.
You further agree that our Pet Community and similar service Sites are available for personal, non-commercial use only and that you may not use our Sites for any illegal or unauthorized purpose. By using our Site, you agree to comply with all local United States and Canada rules regarding online conduct and acceptable content, including laws regulating the export of data from the United States or Canada, and that you are solely responsible for your conduct and any data, text, information, photos, links and other content that you submit, post and display on our Sites. You warrant that such content is true and accurate, not false or misleading, and does not infringe any third party's trademark, copyright, patent or trade secret or other proprietary rights, including publicity or privacy.
Alleging Copyright Infringement
If you suspect copyright infringement on our Site, use the following instructions to notify us. We will respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. Be sure to consult with your attorney if you suspect copyright infringement.
Send us written notice by fax or regular mail. To expedite our process, please use the following format:
Describe the material you believe has been infringed. For example, "The copyrighted work of concern is the picture at ___ " (include the specific Internet address or URL if applicable) and include any relevant proprietary registration information.
Describe the material that you claim is infringing the work you identified in #1 above. Details are important.
Tell us how to contact you (include e-mail address).
Tell us how to contact the user(s) who posted the material you believe infringes your work (include e-mail address).
State the following: "I believe, in good faith, that use of the copyrighted material described above is not authorized by the copyright owner or its authorized representative. I swear, under penalty of perjury, that the information in this notification is true and accurate to the best of my knowledge, and that I am the copyright owner or authorized to act on behalf of the copyright owner of the exclusive right allegedly infringed."
Be sure to sign your written notice to us.
Mail your written notice to: petMD, LLC, Attention: Online Customer Relations, 2260 Butler Pike, Suite 100, Plymouth Meeting, PA 19462.
If the person(s) who posted the original content sends us a counter notification, we will forward a copy of that notice to the person who filed the first notice and restore the material in question.
To file a counter notification with us, send us written notice by fax or regular mail. To expedite our process, please use the following format:
Identify the material that petMD has removed or disabled. Include the specific Internet address or URL.
Tell us how to contact you. Include your name, address, telephone number and e-mail address. State that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or Arizona if your address is outside of the United States), and that you will accept service of process from the person who provided notification to petMD of the infringement or an agent of such person.
State the following: "I swear, under penalty of perjury, that the information in this notification is true and accurate to the best of my knowledge and that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
Be sure to sign your written notice to us.
Mail your written notice to: petMD, LLC, Attention: 2260 Butler Pike, Suite 100, Plymouth Meeting, PA 19462.
CHANGES/UPDATES TO NOTICES & POLICIES
Because our Site and stores will continue to implement new technologies and improve the products and services we provide, our Notices and Policies are subject to change. We reserve the right to change or update our Notices and Policies and to modify or terminate the Site for any reason, without notice and without liability to you or any other participating third party. As a Site user, you are responsible for regularly reviewing our Notices and Policies in order to remain informed of our practices and your obligations as you visit and use our Site. Our current Notices and Policies constitute the entire agreement between you and petMD as you use our Site and supersede all prior understandings or agreements, written or oral, in this regard.