PetFlow® Terms of Service
- Scope and Modification of the Agreement.
- Requirements and Necessary Equipment.
- License and Access to the PetFlow® Offerings.
- Your Account and Registration.
- Purchase of Products.
- PetFlow® Text Messaging.
- Testimonials, Reviews and Submitted Content.
- Disclaimer of Warranty.
- Limitation of Liability.
- Electronic Communication and Electronic Signatures.
- Social Media Pages.
- Access to Password Protected/Secure Areas.
- Use of End-User Information
- Intellectual Property Rights.
- Survival of the Agreement.
- Survival of Terms After Agreement Ends.
- Dispute Resolution Provisions.
- Refer a Friend.
Welcome to the PetFlow® website located at www.petflow.com (the “Site”). The Site is an Internet property of PetFlow (“PetFlow®,” “we,” “our” or “us”). You agree to the following PetFlow® Terms of Service (“TOS”), in their entirety when you: (a) access or use the Site; (b) access and/or view any of the videos, audio, stories, testimonials, text, photographs, graphics, artwork and/or other content featured on the Site (collectively, the “Content”); (c) access links to PetFlow’s® social media pages/accounts on third party social media websites, such as Facebook® and Instagram® (collectively, “Social Media Pages”); (d) utilize the contact form and/or other functionality as a means to make inquiries and/or request being contacted by PetFlow® (collectively, “Contact Services”); (e) sign up to participate in PetFlow’s® Refer-a-Friend program (“Refer-a-Friend Program”); (f) utilize our pet store finder to locate participating pets stores and related retail establishments near your designated location (“Pet Store Finder”); and/or (g) purchase any of the pet-related products and/or services made available by and through the Site (collectively, the “Product(s)” and together with the Site, Content, Social Media Pages, Contact Services, Refer-a-Friend Program and Pet Store Finder, the “PetFlow® Offerings”).
Facebook® and Instagram® are registered trademarks of Facebook, Inc. (“Facebook”). Please be advised that PetFlow® is not in any way affiliated with Facebook, and the PetFlow® Offerings are not endorsed, administered or sponsored by Facebook.
Veterinary Advice/Allergies. The Content, Product descriptions and other material made available by and through the PetFlow® Offerings: (a) are not intended to diagnose, treat, cure or prevent any medical condition or disease that your pet may have contracted; (b) are not in any way intended as dietary and/or veterinary advice for your pet or as a substitute for veterinary advice and/or treatment; and (c) should only be used in conjunction with the guidance and care of your pet’s veterinarian. You should always consult with your veterinarian before utilizing any Products and/or adopting any diet and/or treatment for a health problem, whether offered by and through the PetFlow® Offerings or otherwise. Never disregard professional veterinary advice or delay in seeking professional advice because of something that you have read on the Site or in connection with any other PetFlow® Offerings.
Without limiting the foregoing, certain food items featured as Products on the Site may include ingredients that your pet is allergic to. You should always check the ingredients in every Product to avoid potential allergic reactions. If your pet has, or you suspect that your pet has experienced, an allergic reaction or other adverse health event, promptly contact your veterinarian.
Products. Please be advised that PetFlow® does not itself manufacture or produce the Products. Further, the Products contain descriptions that are provided directly by the manufacturers or distributors of such Products. PetFlow® does not represent or warrant that the descriptions of such Products are accurate or complete. As a result, PetFlow® has no control over the quality, safety or legality of the Products.
PetFlow® attempts to be as accurate as possible with Product descriptions and prices. However, PetFlow® does not warrant that Product descriptions or prices are accurate. In the event that a Product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or Product information received from PetFlow’s® suppliers, PetFlow® shall have the right to refuse or cancel any orders placed for such Products listed at the incorrect price. PetFlow® shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and whether or not your credit or debit card has been charged.
Scope and Modification of the Agreement.
The Agreement constitutes the entire and only agreement between you and PetFlow® with respect to your use of the PetFlow® Offerings, and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to same. We may amend the Agreement from time to time in our sole discretion, without specific notice to you; provided, however, that: (a) any amendment or modification to the arbitration provisions, prohibition on class action provisions or any other provisions applicable to dispute resolution (collectively, “Dispute Resolution Provisions”) shall not apply to any disputes incurred prior to the applicable amendment or modification; and (b) any amendment or modification to pricing and/or billing provisions (“Billing Provisions”) shall not apply to any charges incurred prior to the applicable amendment or modification. The latest Agreement will be posted on the Site, and you should review the Agreement prior to using the PetFlow® Offerings. By your continued use of any of the PetFlow® Offerings, you hereby agree to comply with, and be bound by, all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, or charges incurred prior to the amendment or modification of the Billing Provisions, which shall be governed by the Dispute Resolution Provisions and/or Billing Provisions then in effect at the time of the subject dispute or incurred charges, as applicable).
Requirements and Necessary Equipment.
The PetFlow® Offerings are available only to individuals who can enter into legally binding contracts under applicable law. The PetFlow® Offerings are not intended for use by individuals under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age). If you are under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age) and/or if you are unable to enter into legally binding contracts under applicable law, you do not have permission to use and/or access the PetFlow® Offerings.
You shall be responsible, at all times, for ensuring that you have an Internet connection, computer/mobile device, up-to-date Internet browser versions, a functioning e-mail account, applicable software, applicable hardware and/or other equipment necessary to access the PetFlow® Offerings. PetFlow® does not guarantee the quality, speed or availability of the Internet connection associated with your mobile device and/or computer. PetFlow® does not guarantee that the PetFlow® Offerings can be accessed: (a) on all mobile devices; (b) through all wireless service plans; (c) in connection with all Internet browsers; and/or (d) in all geographical areas. Standard Internet service provider, data and wireless access fees may apply to your use of the PetFlow® Offerings. You are fully responsible for all such charges and PetFlow® has no liability or responsibility to you, whatsoever, for any such charges billed by your Internet service provider and/or wireless carrier.
License and Access to the PetFlow® Offerings.
PetFlow® grants you a limited license to access and make personal use of the PetFlow® Offerings. This license does not include the right to: (a) download or copy account information for the benefit of another vendor or any other third party; (b) cache unauthorized hypertext links to the Site or frame any of the Content made available by and/or through the Site; (c) upload, post or transmit any content that you do not have a right to make available (including, but not limited to, the intellectual property of another party); (d) upload, post or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (e) copy, redistribute, publish or sell any part of the PetFlow® Offerings; (f) take any action that imposes or may impose (in PetFlow's® sole discretion) an unreasonable or disproportionately large load on PetFlow's® infrastructure; or (g) engage in the systematic retrieval of material from the PetFlow® Offerings by automated means or any other form of data mining, scraping or data extraction in order to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from PetFlow®. You may not bypass any measures used by PetFlow® to prevent or restrict access to the Site and/or other PetFlow® Offerings. Any unauthorized use of the PetFlow® Offerings by you shall immediately terminate the permission or license granted to you by PetFlow®.
Your Account and Registration.
In order to complete the Site registration process, in connection with your purchase of Products and in connection with your use of certain other PetFlow® Offerings, PetFlow® will collect your: (a) full name; (b) e-mail address; (c) billing/mailing address; (d) telephone number; (e) credit card information (where you wish to purchase Products); and/or (f) any other information requested on the applicable form (collectively, “Registration Data”). You agree to provide true, accurate, current and complete Registration Data. If you provide any Registration Data that is untrue, inaccurate, not current or incomplete (or if the Registration Data becomes untrue, inaccurate, not current or incomplete), or PetFlow® has reasonable grounds to suspect that such Registration Data is untrue, inaccurate, not current or incomplete, PetFlow® has the right to suspend or terminate your account and refuse any and all current or future use of the PetFlow® Offerings (or any portion thereof).
You are responsible for maintaining the confidentiality of your account information and password, and for restricting access to your account. You agree to accept responsibility for all activities that occur by and through your account or password, including any purchases made therethrough. Because of this, we strongly recommend that you exit from your account at the end of each session. You agree to notify PetFlow® immediately of any unauthorized use of your account or any other breach of security. PetFlow® reserves the right to refuse service, terminate accounts, or remove or edit content at any time in its sole discretion.
Purchase of Products.
(a) Standard Purchases. Upon completing the applicable form associated with the purchase of the Product(s) that you have added to your shopping cart, and upon providing the requisite Registration Data, the credit card that you provided on the form (“Active Credit Card”) will be charged the applicable purchase price for the Product(s), plus applicable sales tax.
(b) Subscription Purchases/Cancellation/Returns. Where you register for the subscription option in order to obtain your selected Product(s) automatically, pursuant to the selected schedule, your Active Credit Card will be charged the applicable amount on a periodic, recurring basis every thirty (30) days (or other applicable period) that your subscription plan (“Plan”) remains active, depending on the period that you selected in connection with your Plan. You acknowledge and agree that PetFlow® will not obtain any additional authorization from you for these recurring payments. Every time that you receive Products in connection with your Plan, you re-affirm that PetFlow® is authorized to bill to your Active Credit Card and to have the fees applied to same. You may cancel your Plan at any time by logging into your account, or speaking with a customer service representative. For a full description of our shipping and return policy please click here. In order to initiate a return, please email us at [email protected], or give us a call at 1-866-963-7297, for instructions and a return shipping label. Other than where we decide in our sole discretion, we will not refund fees paid prior to the termination date and you will remain liable for any unpaid charges previously billed to your Active Credit Card.
(c) General. OTHER THAN AS EXPRESSLY PERMITTED IN THE AGREEMENT, ALL SALES ARE FINAL AND NON-REFUNDABLE. The fees associated with your purchases will appear on your Active Credit Card statement through the identifier “[INSERT NAME THAT WILL APPEAR ON THE USER’S CREDIT CARD STATEMENT].” All prices displayed on the Site are quoted in U.S. Dollars, are payable in U.S. Dollars and are valid and effective only in the United States. Failure to use the Product(s) does not constitute a basis for refusing to pay any of the associated charges. Subject to the conditions set forth herein, you agree to be bound by the Billing Provisions of PetFlow® in effect at any given time. Upon reasonable prior notice to you (with Site-updates and/or e-mail sufficing), PetFlow® reserves the right to change its Billing Provisions whenever necessary, in its sole discretion. Continued use of the Site and/or purchase of Product(s) after receipt of such notice shall constitute consent to any and all such changes; provided, however, that any amendment or modification to the Billing Provisions shall not apply to any charges incurred prior to the applicable amendment or modification.
(d) Authorization. PetFlow’s® authorization to provide and bill for the Product(s) is obtained by way of your electronic signature or, where applicable, via physical signature and/or voice affirmation. Once an electronic signature is submitted, this electronic order constitutes an electronic letter of agency. PetFlow’s® reliance upon your electronic signature was specifically sanctioned and written into law when the Uniform Electronic Transactions Act and the Electronic Signatures in Global and National Transactions Act were enacted in 1999 and 2000, respectively. Both laws specifically preempt all state laws that recognize only paper and handwritten signatures.
PetFlow® Text Messaging.
(a) Customer Support Program. By texting PetFlow’s® customer support team, and where you have provided “prior express written consent” (but only to the extent required by the Telephone Consumer Protection Act (47 USC § 227) (the “TCPA”)), you may receive text message replies from the PetFlow® customer support team. To opt-out of receiving PetFlow® inquiry response-related text messages from the PetFlow® customer support team, you must cease requesting PetFlow® customer support via text and/or cease submitting text message inquiries to PetFlow® customer support, as applicable. Text “HELP” to receive more information. Message and Data Rates may apply. We shall not be liable for delayed or undelivered messages.
(b) Order Alerts Program. Where you have provided “prior express written consent” (but only to the extent required by the TCPA), we may send automated Product-order notification text messages. To stop receiving Product-order alert text messages from PetFlow®, please reply “STOP” to the text message that you received from PetFlow®. No other words or combination of words will achieve a successful opt-out result. Please note that this election will only apply to the phone number that received the subject Product-order alert text message. Text “HELP” to receive more information. Message and Data Rates may apply. We shall not be liable for delayed or undelivered messages.
(c) Marketing Offers Program. If you elect to receive marketing text messages from us, and where you have provided “prior express written consent” as required by the TCPA, either via our website or via a text message flow indicating your consent, you are providing your prior express written consent to receive recurring marketing or promotional SMS text messages from us (each, a “Text Message”) sent through an automatic telephone dialing system. These may include cart abandon messages. Message frequency varies. This Text Message service is optional and is not a condition for purchase. You can opt out of receiving any further Text Messages from us at any time by replying “STOP” to any Text Message you receive from us. For help or more information, reply “HELP” to any Text Message you receive from us or email [email protected].
Testimonials, Reviews and Submitted Content.
Testimonials. From time-to-time, PetFlow® may permit end-users to submit reviews and testimonials regarding certain of the PetFlow® Offerings, as well as biographical information associated with such end-users (collectively “Testimonials”). By submitting a Testimonial, you irrevocably grant to PetFlow® the right to use the Testimonial in any and all forms of marketing and promotional material, whether now known or hereinafter developed including, without limitation, website publication, print advertisements (“ads”), online ads, television ads, radio ads, interactive media, as well as printed extracts and reproductions of any portion thereof, and for any and all other uses. You certify to PetFlow® that everything you stated in the Testimonial is true and an expression of your personal belief. You acknowledge and agree that: (a) at no time did PetFlow® provide you with any consultation, advice or guidance with respect to the substance of the Testimonial; (b) you are not an employee, officer or director of PetFlow®; (c) you are not an immediate family member of an employee, officer or director of PetFlow®; and (d) you are not living in the same household with an employee, officer or director of PetFlow®.
You understand and agree that the Testimonial, in whole or in part, may be edited and/or dramatized, and that any part of the Testimonial may be used without compensation to you. You agree that no ad or other material incorporating or making reference to the Testimonial need be submitted to you for approval. PetFlow® shall be without liability to you whatsoever for any distortion or illusionary effect resulting from its publication of the Testimonial. You expressly release PetFlow® from any and all claims that you have or may have for breach of right of publicity, invasion of privacy, defamation, copyright infringement or any other claim or cause of action arising out of or in connection with any production, distribution, duplication, broadcast, exhibition, publication, ad or promotion utilizing or incorporating the Testimonial, or any other use of the Testimonial whatsoever. You acknowledge and agree that PetFlow® shall not be liable for any causes of action or claims related to your decision to provide the Testimonial to PetFlow®.
Unsolicited Information. By submitting any unsolicited information and/or materials, including comments, ideas, questions, designs and other communications (collectively, "Unsolicited Information") to PetFlow® through the Site or otherwise, you agree to be bound by the terms and conditions set forth in this Section 7. If you do not agree with these terms and conditions, you should not provide any Unsolicited Information through the Site or otherwise. All Unsolicited Information will be considered NON-CONFIDENTIAL and NON-PROPRIETARY. PetFlow®, and/or any of its affiliates, may use such Unsolicited Information for any commercial or non-commercial purpose whatsoever including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and further posting. Further, PetFlow® and its affiliates are free to use any ideas, concepts, know-how, or techniques contained in any Unsolicited Information that you provide by and through the Site for any purpose whatsoever including, but not limited to, developing, manufacturing, and marketing products. By submitting any Unsolicited Information, you grant PetFlow® a perpetual, royalty-free and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer and sell such Unsolicited Information and to use your name and other identifying information in connection with such Unsolicited Information.
Disclaimer of Warranty.
THE PETFLOW® OFFERINGS, ANY PRODUCTS AND/OR ANY OTHER THIRD PARTY PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR OR RECEIVE THROUGH THE PETFLOW® OFFERINGS ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, PETFLOW® MAKES NO WARRANTY THAT: (A) THE PETFLOW® OFFERINGS, ANY PRODUCTS AND/OR ANY OTHER THIRD PARTY PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR OR RECEIVE THROUGH THE PETFLOW® OFFERINGS WILL MEET YOUR REQUIREMENTS; (B) THE PETFLOW® OFFERINGS, ANY PRODUCTS AND/OR ANY OTHER THIRD PARTY PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR OR RECEIVE THROUGH THE PETFLOW® OFFERINGS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (C) YOUR PET WILL REALIZE ANY DIETARY AND/OR HEALTH BENEFIT FROM THE PETFLOW® OFFERINGS AND/OR PRODUCTS; (D) THE PETFLOW® OFFERINGS, ANY PRODUCTS AND/OR ANY OTHER THIRD PARTY PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR OR RECEIVE THROUGH THE PETFLOW® OFFERINGS WILL BE FREE OF HARMFUL COMPONENTS; OR (E) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PETFLOW® OFFERINGS, ANY PRODUCTS AND/OR ANY OTHER THIRD PARTY PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR OR RECEIVE THROUGH THE PETFLOW® OFFERINGS WILL BE ACCURATE OR RELIABLE THE PETFLOW® OFFERINGS, ANY PRODUCTS AND/OR ANY OTHER THIRD PARTY PRODUCTS AND/OR SERVICES THAT YOU MAY APPLY FOR OR RECEIVE THROUGH THE PETFLOW® OFFERINGS MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE PETFLOW® OFFERINGS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PETFLOW AND/OR THIRD-PARTIES OR OTHERWISE THROUGH OR FROM THE SITE OR OTHER PETFLOW® OFFERINGS, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
Limitation of Liability.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PETFLOW® SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PETFLOW® HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR INABILITY TO USE THE PETFLOW® OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY OTHER PRODUCTS PURCHASED OR OBTAINED FROM OR THROUGH THE PETFLOW® OFFERINGS; (C) ANY DISPUTE BETWEEN ANY CUSTOMERS, SITE USERS AND/OR THIRD PARTIES; (D) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA; (E) THE FAILURE OF YOUR PET TO REALIZE ANY SPECIFIC DIETARY BENEFIT OR OTHER HEALTH-RELATED OUTCOME; AND (F) ANY OTHER MATTER RELATING TO THE PETFLOW® OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE PETFLOW® FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATIONS, THE MAXIMUM LIABILITY OF PETFLOW® TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THE PETFLOW® OFFERINGS AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME, MAY BE BROUGHT BY YOU OR PETFLOW® MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND PETFLOW®. ACCESS TO THE PETFLOW® OFFERINGS WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS THE LIABILITY OF PETFLOW® SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You agree to indemnify, defend and hold PetFlow®, its parents, subsidiaries and/or affiliates, and each of their respective members, officers, directors, employees, agents, shareholders, licensors, suppliers and/or attorneys (collectively, the “PetFlow® Parties”), harmless from and against any and all liabilities, claims, actions, suits, proceedings, judgments, fines, damages, costs, losses and expenses (including reasonable attorneys’ fees, court costs and/or settlement costs) arising from or related to: (a) any dispute between you and any other Site user or third party; (b) your breach of the Agreement; (c) your use of the PetFlow® Offerings in violation of any applicable law; and/or (d) your use of the PetFlow® Offerings in any manner whatsoever. The provisions of this Section 10 are for the benefit of the PetFlow® Parties. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its/her/his own behalf.
Electronic Communication and Electronic Signatures.
When you use the Site and/or send emails to PetFlow®, you are communicating with PetFlow® electronically. As such, you consent to receive communications from PetFlow® electronically. PetFlow® will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Without limiting the foregoing, you acknowledge and agree that by clicking on the submit button, or taking such other action as may be designated by PetFlow® as a means of accepting the Agreement, you are submitting a legally binding electronic signature and entering into a legally binding contract. You acknowledge that your electronic submission constitutes your agreement and intent to be bound by the Agreement. Pursuant to any and all applicable statutes, regulations, rules, ordinances or other laws including, without limitation, the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”) or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE PETFLOW® OFFERINGS. Further, you hereby waive any right or requirement under any statutes, regulations, rules, ordinances or other law in any jurisdiction which requires: (a) an original signature; (b) delivery or retention of non-electronic records; and/or (c) payments, or the granting of credits, by other than electronic means.
Pet Store Finder.
The Pet Store Finder enables end-users to conduct a search for participating pet stores and related retail establishments located near the address/zip code supplied by that particular end-user (collectively, “Stores”). The Pet Store Finder may provide links, listings and an interactive map for some or all of the Stores. Please note that PetFlow® does not sponsor, recommend or endorse any Stores their products and/or services. Some of the Stores that are accessible by and through the Pet Store Finder pay a fee for inclusion in the Pet Store Finder. The pricing displayed on our Site is not necessarily the pricing our users should expect to find in any applicable Stores. We do not guarantee that a specific product, service and/or brand will be available in any applicable Store. You understand and agree that PetFlow® shall not be liable to you or any third party for any products and/or services offered by any Store, and/or any transactions entered into between you and any Store.
Access To Password Protected/Secure Areas.
Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.
Use of End-User Information.
Intellectual Property Rights.
The content, organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to the PetFlow® Offerings are protected under applicable copyright, trademark and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution, publication or sale by you of any part of the PetFlow® Offerings is strictly prohibited. You do not acquire ownership rights in or to the PetFlow® Offerings, or any content, document, software, services or other materials viewed at or through the Site or otherwise by and/or through the PetFlow® Offerings. “PetFlow®” is a registered trademark of Omnipet, Inc. d/b/a PetFlow. All trademarks, brand names, custom graphics, icons and service names associated with the Products are the intellectual property of their rightful owners including, without limitation, the applicable manufacturers and/or distributors of such Products. The use of any PetFlow® trademark without PetFlow’s® express written consent is strictly prohibited. The use of any third party trademark without that party’s express written consent is strictly prohibited. The posting of information or material on the Site or otherwise by and through the PetFlow® Offerings by PetFlow® does not constitute a waiver of any right in or to such information and/or materials.
DMCA Notice and Procedure for Claims of Intellectual Property Infringement.
PetFlow® respects the intellectual property of others, and we ask our users to do the same. PetFlow® may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of end-users who may be infringing the intellectual property of a third party. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide PetFlow's® Copyright Agent the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Site;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
PetFlow's® agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:Klein Moynihan Turco LLP
Attn: DMCA Notice
450 Seventh Avenue, 40th Floor
New York, NY 10123
Email: [email protected]
PetFlow® may update this mailing address from time to time.
Survival of the Agreement.
Notwithstanding any other provisions of the Agreement, or any general legal principles to the contrary, any provision of the Agreement that imposes or contemplates continuing obligations on a party will survive the expiration or termination of the Agreement.
Dispute Resolution Provisions.
The Agreement shall be treated as though it were executed and performed in the State of New York and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). The parties hereby agree to arbitrate all claims that may arise under the Agreement. Without limiting the foregoing, should a dispute arise between the parties including, without limitation, any matter concerning, the terms and conditions of the Agreement or the breach of same by any party hereto: (a) the parties agree to submit their dispute for resolution by arbitration before a reputable arbitration organization as mutually agreed upon by the parties in New York, New York, in accordance with the then current Commercial Arbitration rules of the American Arbitration Association ("AAA"); and (b) you agree to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice which can be found here. We may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice ("Final Settlement Offer"). If we provide you with a Final Settlement Offer and you do not accept it, or we cannot otherwise satisfactorily resolve your dispute, you can submit your dispute for resolution by arbitration by the AAA, in your county of residence, by filing a separate Demand for Arbitration, which is available here. For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. If the arbitrator awards you relief that is greater than our Final Settlement Offer, then we will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, we will reimburse any reasonable attorneys' fees that your attorney accrued for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Although we may have a right to an award of attorneys' fees and expenses if we prevail in arbitration, we will not seek such an award from you unless the arbitrator determines that your claim was frivolous.
To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against PetFlow® and/or its employees, officers, directors, members, representatives and/or assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney's fees and court costs that PetFlow® incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (A) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (B) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first access the Site.
If any part of the Agreement shall be deemed invalid, void, or for any reason unenforceable, the parties agree that the applicable court of law or arbitration tribunal should endeavor to give effect to the parties' intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. From time to time PetFlow® may offer special promotional offers which may or may not apply to your PetFlow® account. You agree to be bound by any additional terms and conditions for these special offers. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement. PetFlow® may, with or without notice to you and in its sole discretion, assign the Agreement and/or any of its rights or delegate its duties under the Agreement to any third party for any purpose. The Agreement, may not however, be assigned by you, and you may not delegate your duties under it. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. The failure of PetFlow® to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Except as otherwise expressly provided in the Agreement, there shall be no third-party beneficiaries to the Agreement.
All percentage-based coupons will be capped by a Thirty-Five Dollar ($35.00) maximum value per transaction. PetFlow® reserves the right to withdraw or terminate coupons at any time.
How the Refer-a-Friend Program Works. To participate in the Refer-a-Friend Program, you must visit http://www.petflow.com/share and follow the instructions contained therein.
For every Qualified Referral (as defined below) that you submit to us, you may be eligible to receive Referral Credit(s) (as defined below).
Eligibility. Eligibility for the Refer-a-Friend Program is limited to individuals only, including both new and existing customers, but not any corporate and/or business entities or associations. Without limiting the foregoing, the Refer-a-Friend Program may NOT be used by businesses for affiliate lead generation purposes.
Qualified Referral. For purposes of the Agreement, a “Qualified Referral” requires that all of the following conditions are met:
- Your Friend must complete a purchase of Thirty Dollars ($30.00) or more (excluding all fees including, but not limited to, taxes, shipping, handling and/or other third party fees) for Products by and through the Site, by clicking on the unique Refer-a-Friend Program link located in the email sent by you to your Friend (a “Qualified Purchase”) by and through the Refer-a-Friend Program interface (“Referral Link”). If your Friend makes a purchase on our Site through any method other than directly through the Referral Link, such purchase will NOT count as a Qualified Purchase and you will not earn any Referral Credit in connection with such purchase.
- Purchases of gift certificates do NOT count as Qualified Purchases.
- Your Friend must complete their Qualified Purchase within thirty (30) days of receiving the Refer-a-Friend Program email containing your Referral Link.
- Your Friend may not return the Qualified Purchase. Where your Friend returns a Qualified Purchase, you will not earn any Referral Credit in connection with such purchase.
- Your Friend must be a new customer, i.e. they have not previously purchased any Products by and through the Site, nor can she/he have an account or registration with us under any email address or alias. Such status will be determined in PetFlow’s® sole discretion. You may only receive one (1) Qualified Referral per Friend; in other words, you are only eligible for one (1) Referral Credit per Friend, and so additional/repeat purchases made by your Friend do not qualify you for additional Referral Credit(s).
Referral Credits. For each Qualified Purchase, your Friend will receive her/his Referral Credit discount online at the time of purchase. Subsequently, for each verified Qualified Referral, you will be emailed a notification that you have one (1) Referral Credit valid for future purchases on the Site. Referral Credit(s) will appear in your Site account with us within twenty-four (24) hours after your Friend makes a Qualified Purchase; provided, that such Referral Credit(s) remain subject to forfeiture where your Friend returns the Products associated with the Qualified Purchase. Some important things about your Referral Credit(s):
- Referral Credits are non-transferable and may not be sold, assigned, or given to anyone else, and may not be redeemed for cash.
- Referral Credits are valid for one-time use only and are non-refundable. For instance, if you use a Referral Credit to purchase an item from the Site and you later return that item, the amount of the Referral Credit used by you to pay for the item will be deducted from the total amount of your refund.
- Referral Credit(s) do not expire.
Fraudulent Activity. Please respect the Refer-a-Friend Program by only referring real individuals who meet our requirements. PetFlow® reserves the right to void any Referral Credits and take any action we deem reasonably necessary if we suspect that you have engaged in any fraud. For instance, having multiple accounts with alternate email addresses or identities in order to add yourself as a Friend, or refer the same Friend via multiple accounts, is a violation of the Refer-a-Friend Program rules, and may result in us taking action, including terminating your PetFlow account and/or forfeiture of any and all Referral Credits in your account.
Marketing Emails By participating in this Program and referring a Friend, you are agreeing to receive our marketing emails to the email address you provide to us. If you wish to stop receiving these emails at any time, please opt out using the link at the bottom of the relevant email or by writing to [email protected].
No Spam. Any distribution of your Referral Link that could constitute unsolicited commercial email or "spam" under any applicable law or regulation, or any posting of your Referral Link on any website, coupon site or other forum is expressly prohibited and will be grounds for immediate termination of your account and exclusion from PetFlow’s® Refer-a-Friend Program. Without limiting the foregoing, your activities in connection with generating referrals (“Referral Activities”), and the messages included in any e-mails sent by you in connection with same (“Creative”), must: (a) comply with all applicable federal and state laws, rules and regulations including, without limitation, the CAN-SPAM Act of 2003, as amended and the Federal Trade Commission’s report entitled, “Protecting Consumer Privacy in an Era of Rapid Change: Recommendations for Businesses and Policymakers,” as amended; (b) not infringe upon any third party intellectual property or other proprietary rights; (c) include prominent disclosures that you stand to gain Referral Credits where the prospective referrals make Qualified Purchases; and (d) comply with the Federal Trade Commission Guidelines Concerning the Use of Endorsements and Testimonials (“FTC Guidelines”).
Right to Cancel Program or Change Terms. We reserve the right to modify or amend the Refer-a-Friend Program, or any part of such, at any time and for any reason. We may also deny participation in the Refer-a-Friend Program to you at any time if we have any reason to believe that you are not in compliance with the Agreement and/or the terms of the Refer-a-Friend Program.
If you have any questions regarding the Agreement, the PetFlow® Offerings, your order, our policies or anything else please do not hesitate to contact us here.