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Terms and Conditions

Last Updated: April 21, 2022

This website and any mobile application (collectively, this “Site”) is owned by The Pet Farmacy (“We”, “Us” or “The Pet Farmacy”). These Terms and Conditions, including any policies, rules, and other Terms that are expressly incorporated herein by reference (collectively, “Terms of Use,” or “Terms”), set forth a legally binding agreement between You (“You” or “Your”) and The Pet Farmacy. We are providing You with access to this Site and Our online store (together, the “Services”) subject to the following Terms and Conditions. THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT WAIVE YOUR RIGHT TO A COURT HEARING OR A JURY TRIAL OR PARTICIPATION IN A CLASS ACTION. PLEASE SEE THE DISPUTE RESOLUTION, ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW FOR MORE INFORMATION. By browsing, accessing, using, registering for, or purchasing merchandise on this Site or otherwise using Our Services, You are agreeing to all of the Terms herein. Please read these Terms carefully. We reserve the right to change this Site and these Terms at any time. If You are unwilling to be bound by these Terms‚ You should not browse, access‚ use‚ register for, or purchase merchandise from the Site. You represent and warrant that you are at least 18 years old.

Table of Contents
1. Use of The Site
2. Account
3. Electronic Communication
4. User Content
5. Rights in User Content
6. Feedback
7. Restrictions on Rights to Use
8. Ownership
9. Purchases on this Site
10. Links
11. Privacy Policies
12. Disclaimer of Warranties
13. Exclusivity of Remedy; Limitation of Liability
14. Dispute Resolution, Arbitration and Class Action Waiver
15. Modifications to these Terms and the Site
16. Severability
17. Miscellaneous
18. Notice for California Users
19. Questions

1. Use of The Site

Subject to Your compliance with these Terms‚ We grant You a limited‚ non-exclusive‚ non-transferable‚ non-sublicensable license to access and make personal‚ non-commercial use of this Site. This license grant does not include: (a) any resale or commercial use of this Site or content therein; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of this Site and its contents; or (d) use of any data mining‚ robots‚ or similar data gathering and extraction methods on this Site. You may not use‚ frame, or use framing techniques to enclose any of Our trademark‚ logo‚ content, or other proprietary information (including the images found at this Site‚ the content of any text, or the layout/design of any page or form contained on a page) without Our express written consent. Further‚ You may not use any meta tags or any other “hidden text” utilizing Our name‚ trademark‚ or product name without Our express written consent. Any breach of these Terms shall result in the immediate revocation of the license granted in this paragraph without notice to You.

2. Account

To access some features of this Site‚ You may be required to register, and We may assign to You, or You may be required to select, a password and username or account identification. If You register‚ You agree to provide Us with accurate and complete registration information‚ and to inform Us immediately of any updates or other changes to such information.
You are solely responsible for protecting the security and confidentiality of the password and identification assigned to You. You shall immediately notify Us of any unauthorized use of Your password or identification, or any other breach or threatened breach of this Site’s security. Each time You use a password or identification, You will be deemed to be authorized to access and use the Site in a manner consistent with these Terms, and We have no obligation to investigate the authorization or source of any such access or use of this Site. YOU SHALL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY SELECTED BY OR ASSIGNED TO YOU, WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS, AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.

3. Electronic Communication

When You use this Site, or send emails to Us, You are communicating with Us electronically. You consent to receive communications from Us electronically. We will communicate with You by e-mail or by posting notices on this Site or through Our other services. You agree that all agreements, notices, disclosures, and other communication that We provide to You electronically satisfy any legal requirements that such communications be in writing.

4. User Content

This Site may include features and functionality (“Interactive Features”) that allows users to create, post, transmit, or store any content, such as text, music, sound, photos, video, graphics, or code on the Sites (“User Content”). User Content is public and may include Your profile information and any content You post pursuant to Your profile. You agree that You are solely responsible for Your User Content and for Your use of Interactive Features, and that You use any Interactive Features at Your own risk. By using any Interactive Areas, You agree not to post, upload to, transmit, distribute, store, create or, otherwise publish or send through the Sites any of the following:

  1. User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, abusive, inflammatory, fraudulent, or otherwise objectionable;
  2. User Content that would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party or that would otherwise create liability or violate any local, state, national or international law;
  3. User Content that displays, describes, or encourages usage of any product We sell in a manner that could be offensive, inappropriate, or harmful to Us or any user or consumer;
  4. User Content that may impinge upon or violate the publicity, privacy, or data protection rights of others, including pictures, videos, images, or information about another individual where You have not obtained such individual’s consent;
  5. User Content that makes false or misleading statements, claims, or depictions about a person, company, product, or service;
  6. User Content that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party;
  7. User Content that impersonates any person or entity, or otherwise misrepresents Your affiliation with a person or entity; and Viruses, malware of any kind, corrupted data, or other harmful, disruptive, or destructive files or code.

 

5. Rights in User Content

Except as otherwise provided in these Terms, on this Site or in a separate agreement with Us, We claim no ownership or control over any User Content. By submitting or posting User Content on this Site, You grant to Us a nonexclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content. By posting User Content to this Site, You represent and warrant that (a) such User Content is non-confidential; (b) You own and control all of the rights, title and interest in and to the User Content, or You otherwise have all necessary rights to post and use such User Content to this Site and to grant to Us the rights that You grant in these Terms; (c) the User Content is accurate and not misleading or harmful in any manner; and (d) the User Content, and Your use and posting thereof in connection with this Site, do not and will not violate these Terms or any other applicable terms, guidelines or policies or any applicable law, rule or regulation.

6. Feedback

Separate and apart from User Content, You may have the ability to submit questions, comments suggestions, reviews, ideas, plans, designs, notes, proposals, drawings, original or creative materials and other information regarding this Site, Us and Our products or services (collectively “Feedback”). You agree that Feedback is non-confidential and shall become Our sole property. We shall own exclusive rights, including all intellectual property rights in and to such Feedback, and shall be entitled to the unrestricted use and dissemination of the Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to You.

7. Restrictions on Rights to Use

  1. You agree You shall not (and You agree not to allow any other individual or entity using Your password and identification to):  download‚ modify‚ reproduce‚ adapt‚ translate‚ reverse engineer‚ create derivative works based upon‚ publicly display‚ sell‚ rent‚ license‚ or in any way commercially exploit any portion of this Site‚ except and to the extent expressly permitted under these Terms; remove any copyright‚ trademark or other proprietary rights notice contained in or on the Site;
    use any robot‚ spider‚ site search/retrieval application‚ or other device to retrieve or index any portion of this Site;
  2. collect any information about other users (including usernames and/or email addresses) for any purpose other than to solicit or share reviews with other users;
  3. reformat or frame any portion of any Web pages that are part of this Site;
  4. create user accounts by automated means or under false or fraudulent pretenses;
  5. create or transmit to other users unsolicited electronic communications‚ such as “spam‚” or otherwise interfere with other users’ enjoyment of the Site;
  6. submit to this Site any content that falsely states or implies that such content is sponsored or endorsed by Us;
  7. transmit or upload to this Site any item containing or embodying any virus‚ worm‚ defect‚ malware‚ Trojan horse‚ software bomb, or other feature designed to damage or degrade in any manner the performance of this Site‚ any other Web site‚ or any computer or other device or system‚ or the enjoyment of this Site by any user;
  8. use this Site to violate the security of or gain unauthorized access to any computer or computer network, or other device or system (including unauthorized attempts to discover passwords or security encryption codes);
  9. submit to this Site any content that is unlawful or facilitates‚ constitutes‚ promotes, or encourages illegal activity; or otherwise use the Site to transfer or store illegal material‚ including any material deemed threatening or obscene;
  10. copy or store any User Content offered on this Site other than for Your personal‚ non-commercial use;
  11. take any action that imposes‚ or may impose‚ in Our sole discretion‚ an unreasonable or disproportionately large data or traffic load on this Site or the IT infrastructure used to operate and make this Site available; or
  12. use the Site or any User Content‚ intentionally or unintentionally‚ to violate any applicable local‚ state‚ federal or international law.

We have no obligation to monitor any user conduct on this Site, and We reserve the right and have absolute discretion to monitor any user conduct on this Site at any time and for any reason without notice.

8. Ownership

As between You and Us‚ this Site‚ including all photographs‚ images‚ text‚ graphics‚ icons‚ audio clips‚ software‚ source code, and other aspects thereof (excluding User Content)‚ all improvements or modifications thereof‚ all derivative works based thereon‚ and the collection‚ arrangement‚ and assembly of this Site (collectively, the “Site Content”)‚ including all copyrights‚ trademarks‚ and other intellectual property or proprietary rights in the foregoing‚ are owned by Us or Our licensors, and are protected by applicable copyright laws. The use of any of Our intellectual property or service marks without our express written consent is strictly prohibited. You may not use Our trademarks or service marks in connection with any product or service in any way that is likely to cause confusion. You may not use Our trademarks or service marks in any manner that disparages or discredits Us. You may not use any of Our trademarks or service marks in meta tags without prior explicit consent. Nothing in these Terms shall be deemed to grant to You or any other user any license or right in or to any of Our patents‚ copyrights‚ trademarks‚ trade secrets or other proprietary rights.

9. Purchases on this Site

To purchase any products made available through the Site, You may be asked to supply certain information relevant to that transaction including, without limitation, Your credit card number and its expiration date, Your billing address, and Your shipping information. By submitting such information, You grant Us and our affiliates the right to provide such information to third parties to facilitate the completion of the transaction. In addition, We (or a third-party service provider) may need to verify Your payment information prior to the acknowledgment or completion of any such transaction. Unless otherwise agreed by Us in writing, payment must be received by Us before Our acceptance of an order. By entering into any transaction through this Site, You are entering into a binding contract with Us and You represent and warrant that: (i) You will pay all charges incurred by You at the posted price(s) in effect at the time of Your order, including, without limitation, all shipping and handling charges, and all taxes that may be applicable to Your transaction; (ii) all information You provide is true, complete, and correct (including, without limitation, Your credit card information and billing address); (iii) any payment card transactions submitted by You are authorized; (iv) charges incurred by You will be honored by Your payment card company; (v) You are the legal holder of any payment card or payment account used to enter into any transaction through this Site; and (vi) You are not buying products from this Site for resale or export.

If, in Our sole discretion, We determine that (a) Your means of payment is not valid, (b) a transaction is not authorized, (c) Your means of payment cannot be processed or verified at the time of any charge, (d) a charge is disputed for any reason other than failure by Us to deliver product(s) purchased by You, (e) You have abused or misused promotions or promotion codes, as applicable, or (f) You have otherwise used this Site to enter into an improper transaction, then We reserve the right to immediately terminate any pending transactions, suspend or terminate Your access to all or any portion of this Site, or terminate all of Our obligations hereunder. The risk of loss and title for items purchased by You on this Site pass to You upon Our delivery of the items to the carrier pursuant to a shipment contract.

We charge sales tax for merchandise ordered on this Site based on the applicable state sales tax rate of the location to which the order is being shipped.

When We ship to You, or per Your directions to another person, You agree to pay the shipping and any handling charges shown on this Site when Your order is placed. We reserve the right to increase, decrease, and add or eliminate charges from time to time and without prior notice, so You agree to check all charges before placing an order or signing up for a service.

Only valid credit cards or other payment method acceptable to Us may be used. By submitting Your order, You represent and warrant that You are authorized to use the designated card or method, and authorize Us to charge Your order (including taxes, shipping, handling and any other amounts described on the Sites) to that card or other method. If the card (or other method) cannot be verified, is invalid, or is not otherwise acceptable, Your order may be suspended or cancelled automatically.

All returns are governed by Our Return Policy, which can be found at https://thepetfarmacy.com/shipping-returns.

We do not warrant that any product, service, description, photograph, pricing, or other information is accurate, complete, reliable, current, or error-free. In the event of an error, whether on this Site, in an order confirmation, in processing an order, delivering a product or service or otherwise, We reserve the right to correct such error and revise Your order accordingly if necessary (including charging the correct price), or to cancel the order and refund any amount charged. Your sole remedy in the event of such error is to cancel Your order and obtain a refund.

All items are subject to availability, and We reserve the right to impose quantity limits on any order, to reject all or part of an order, and to discontinue products or services without notice, even if You have already placed Your order. All prices are subject to change without notice. We reserve the right to refuse or cancel any orders placed for products and/or services which the sale or use of such product or service in Your state or jurisdiction is restricted or prohibited.

10. Links

This Site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that We are not responsible for the operation of, or content located on or through, any such site.

11. Privacy Policy

Our Privacy Policy, which also governs Your visit to the Site, can be found at https://thepetfarmacy.com/privacy-policy/ Please review Our Privacy Policy for information on how We collect, use, and share information about our users.

12. Disclaimers of Warranties

Except as expressly provided, this Site, including all products and services provided on or in connection with this Site are provided on an “AS IS” and “AS AVAILABLE” basis without representations, warranties, or conditions of any kind, either express or implied, other than those on the face of the Site and the products. WE DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS AND DUTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES, DUTIES OR CONDITIONS: (A) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, RESULTS, TITLE, AND NON-INFRINGEMENT; AND (B) CREATED BY TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. We do not represent or warrant that this Site or the products available on it is accurate, complete, reliable, current, error-free, free of viruses, or other harmful components.
THIS SITE DOES NOT PROVIDE MEDICAL OR VETERINARY ADVICE. THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY ITEM DESCRIPTIONS, ARTICLES, NEWSLETTERS, BLOGS, AND NEWS MADE AVAILABLE ON OR THROUGH THIS SITE, ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND ARE NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL OR VETERINARY ADVICE, DIAGNOSIS, TREATMENT, OR PREVENTION OF ANY DISEASE FOR YOUR ANIMAL. ALWAYS SEEK THE ADVICE OF YOUR VETERINARIAN OR OTHER QUALIFIED PROVIDER OR PROFESSIONAL WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL OR VETERINARY CONDITION OR PRODUCT. NEVER DISREGARD PROFESSIONAL MEDICAL OR VETERINARY ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THIS SITE.

WE DO NOT ENDORSE OR RECOMMEND ANY SPECIFIC PRODUCTS, OPINIONS, VETERINARIANS, TESTS, PROCEDURES, OR OTHER INFORMATION, INCLUDING, BUT NOT LIMITED TO, ARTICLES, NEWSLETTERS, BLOGS, AND NEWS THAT MAY BE MENTIONED ON THE SITE. RELIANCE ON THE SITE OR THE INFORMATION, SERVICES AND PRODUCTS AVAILABLE THEREIN IS SOLELY AT YOUR OWN RISK.

13. Exclusivity of Remedy; Limitation of Liability

Your sole and exclusive remedy, and Our sole and exclusive liability, for any breach of warranty shall be Your right to return the product or receive a refund for the product. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SITE, PURCHASE OF ANY PRODUCTS, ANY COMMUNICATIONS BETWEEN YOU AND THE COMPANY (INCLUDING COMMUNICATIONS THROUGH THIRD PARTIES), AND YOUR RIGHTS UNDER THIS AGREEMENT, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID COMPANY IN CONNECTION WITH THE TRANSACTION(S) THAT UNDERLY THE CLAIM(S). SOME JURISDICTIONS, INCLUDING NEW JERSEY, MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY.

14. DISPUTE RESOLUTION, ARBITRATION AND CLASS ACTION WAIVER

Any dispute relating in any way to Your visit to or use of the Site, Your purchase or use of any products available on or through the Site, Your relationship or communications with Us (including indirect communications through third parties), or otherwise related to these Terms (“Disputes”), shall be resolved exclusively through confidential arbitration, rather than in court, and shall be governed exclusively by the laws of the State of New Jersey, without regard to principles of conflict of laws. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. Further, any question as to the validity of this Arbitration Agreement shall be submitted to confidential arbitration and decided by an arbitrator.

If a Dispute arises under this Agreement, You agree to first contact Us at 732-268-8553 (phone) or [email protected] (email). Before formally submitting a Dispute to arbitration, You and We may choose to informally resolve the Dispute. If any Dispute cannot be resolved informally, You agree that any and all Disputes, including the validity of this arbitration clause and class action waiver, shall be submitted to final and binding arbitration before a single arbitrator of the American Arbitration Association (“AAA”) in a location convenient to You or telephonically. Either You or We may commence the arbitration process by submitting a written demand for arbitration with the AAA and providing a copy to the other party. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Dispute Resolutions Procedures, Supplementary Procedures for Consumer-Related Disputes, in effect at the time of submission of the demand for arbitration. The AAA’s rules are available at www.adr.org. A form for initiating arbitration proceedings is available on the AAA’s site at http://www.adr.org. Except as may be required by law as determined by the arbitrator, no party or arbitrator may disclose the existence, content or results of any arbitration hereunder without the prior written consent of both parties.

Notwithstanding the foregoing, the following shall not be subject to arbitration and may be adjudicated only in the state and federal courts of New Jersey: (i) any dispute, controversy, or claim relating to or contesting the validity of Our or one of Our family company’s intellectual property rights and proprietary rights, including without limitation, patents, trademarks, service marks, copyrights, or trade secrets; (ii) an action by Us for temporary or preliminary injunctive relief, whether prohibitive or mandatory, or other provisional relief; (iii) any legal action by Us against a non-consumer; and (iv) interactions with governmental and regulatory authorities. You expressly agree to refrain from bringing or joining any claims in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class-wide arbitration.

The arbitrator’s award shall be binding, and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement may be joined to an arbitration involving any other party subject to this Agreement, whether through a class action, private attorney general proceeding, class arbitration proceedings or otherwise. If an arbitrator or court decides that any part of this arbitration agreement is invalid or unenforceable, the other parts of this arbitration agreement shall still apply; however, if an arbitrator or court decides that the class action waiver is invalid or unenforceable, then the entirety of this arbitration agreement shall be null and void. YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE IN A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH ARBITRATION. You shall have thirty (30) days from the earliest of the date that You visit the Site, purchase a Product, or submit information through the Site to opt out of this arbitration agreement, by contacting Us by email at [email protected] or by mail at 33 Newman Springs Road, Tinton Falls, NJ 07724. If You do not opt out by the earliest of the date that You visit the Site, purchase a product or submit information to Us through the Site, then You are not eligible to opt out of this arbitration agreement.

15. Modifications to these Terms and the Site

We reserve the right to modify or discontinue, temporarily or permanently, this Site, the Terms, the products available on the Site or any features or portions thereof. Modifications to these Terms will be effective upon the effective date listed above.

16. Severability

If any these provisions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed several and shall not affect the validity and enforceability of any remaining provision.

17. Miscellaneous

We may provide You with notices‚ including those regarding changes to these Terms‚ by email‚ regular mail‚ or postings on this Site. These Terms, which shall be deemed accepted by You upon Your use of the Site‚ constitute the entire agreement among You and Us regarding use of this Site, including purchases and use of products available on the Site. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of the enforcement of such right or provision. If any provision of these Terms is found to be unenforceable or invalid‚ that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable. These Terms are not assignable‚ transferable, or sublicensable by You‚ except with Our prior written consent. These Terms include and incorporate by reference Our Privacy Policy, which can be found at https://thepetfarmacy.com/privacy-policy, and any notices regarding the Site.

18. Notice for California Users

Under California Civil Code Section 1789.3, California users of the Site are entitled to the following specific consumer rights notice: The provider of the Site is The Pet Farmacy. To file a complaint regarding the Site, send a letter to 33 Newman Springs Road, Tinton Falls, NJ 07724 or email [email protected]. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N. 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

19. Questions

Questions regarding these Terms, Our Privacy Policy, or other policy related material can be directed to Our support staff by emailing Us at: [email protected].