PetIQ Website Terms of Use

 

Effective Date: April 1, 2020

Thank you for visiting this PetIQ, LLC (“PetIQ”) website (the “Site”). The Site is designed to provide a convenient way for consumers to learn about PetIQ’s products and services. By using the Site, you agree to be bound by the terms set forth herein (“Terms of Use”). By registering for, logging into, visiting and/or otherwise using the Site in any way, you indicate that you understand and intend these Terms and Use to be the legal equivalent of a signed, written contract and equally binding, and that you accept the PetIQ as set forth in these Terms of Use and agree to be legally bound by them. If you do not accept all of the PetIQ set forth in these Terms of Use, please do not use the Site.

Subject to reasonable notice to you and your acceptance, evidenced by your conduct or otherwise, PetIQ reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms of Use at any time.

QUESTIONS OR COMMENTS

If you have questions or comments about a PetIQ product or service, you may call 
855-275-3436 If you have other questions or comments about this Site, you may contact us at customerservice@petiq.com.

PRODUCT LABELING

While we work to ensure that product information is correct, actual product packaging and materials may occasionally contain more and/or different information than that shown on our Site. We recommend that you do not solely rely on the information presented online and that you always read labels, warnings, and directions on product packaging before using or consuming a product. For additional information about a product, please call the phone number listed on the product’s label.

NO MEDICAL ADVICE

If you believe your pet is experiencing a medical emergency, please contact your local veterinarian immediately. This Site does not provide medical advice. Content on this Site is for reference purposes and is not intended to be a substitute for advice given by a veterinarian or other licensed pet-care professional. Contact your veterinarian if you have questions about a pet’s medical condition or use of any medications or supplements.

PRIVACY POLICY

Please see our Privacy Policy for a description of our collection and use of personal information with respect to the Site. By using the Site, you consent to PetIQ collection and use of personal information as outlined in our Privacy Policy.

PROMOTIONS

Unless otherwise specified, offers and promotions included on this Site are subject to modification or termination by PetIQ at any time without prior notice.

INTELLECTUAL PROPERTY

This Site (including the software and files) and content provided on this Site, including the text, graphics, images, photographs, analyses, studies, reports, and downloads (all such content collectively, the “Content”) are the exclusive property of PetIQ or are licensed to PetIQ. This Site and all Content on this Site is subject to trade dress, trademarks, service marks, and/or copyright law and other laws that protect intellectual property in the U.S. and other countries.  PetIQ’s intellectual property may not be used without PetIQ’s written permission. Except as expressly provided in these Terms of Use, PetIQ does not grant any express or implied rights to you. All rights reserved. Unless otherwise noted, PetIQ and other brands featured on the Site constitute our (or our affiliates’) trademarks or service marks. You agree not to directly or indirectly attempt to register, challenge, or contest the validity or PetIQ’s ownership of such copyrights, service marks, trademarks or any other PetIQ intellectual property, or assist any third party in doing the same. The Site may also include third party products, services, company names, and logos. Such third party designations are the trademarks and/or service marks of their respective owners, and may not be used without the prior written consent of their respective owners.

USER INFORMATION AND PRIVACY

In consideration of your use of the Site, you agree to provide true, accurate, current, and complete information about yourself if you order from, communicate with PetIQ, or interact with any vendor performing services related to this Site (“Account Information”). If you provide any information that is untrue, inaccurate, or incomplete, or PetIQ has reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, PetIQ may refuse any and all current and future use of the Site. Certain information about you is subject to our Privacy Policy when it is in our possession and may additionally be subject to a third party’s privacy policy, as described more fully in our Privacy Policy.

ELECTRONIC COMMUNICATIONS

When you visit the Site or send emails to PetIQ, you are communicating with PetIQ electronically. You consent to receive communications from PetIQ electronically. PetIQ will communicate with you by email or by posting notices on this Site. You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing.

GRANT OF LICENSE

PetIQ grants you a personal, revocable, nonexclusive, nontransferable license to use this Site conditioned on your continued compliance with these Terms of Use. Limited portions of the Content available in the public areas of the Site may be accessed, printed and downloaded on an occasional basis for personal, non-commercial purposes; provided that all hard copies contain all copyright and other applicable proprietary rights notices included in such Content and information and/or appropriate attribution to PetIQ in a form and manner acceptable to PetIQ. You may not use Content in any manner that suggests the endorsement by or an association with any third party entity, person, product or service by PetIQ without PetIQ’s prior written consent. You may not under any circumstances copy, print or download in any medium all or substantially all of the Content. You agree not to reproduce, duplicate, copy, sell, resell, use, access or exploit the Site or any information from the Site for any commercial purpose. You agree not to access the Site by any means other than through the interface that is provided by PetIQ for use in accessing the Site. You may not remove copyright notices or other notices of intellectual property rights from the Site or any Content available on or through the Site.

Any unauthorized use of this Site or the Content will terminate the permission granted by these Terms of Use and may violate applicable laws and regulations, including copyright and other intellectual property laws.

USER REPRESENTATIONS

You represent and warrant to PetIQ that you will not use this Site for any purpose that is unlawful or prohibited by these Terms of Use, including but not limited to attempting or actually (a) disrupting, impairing or otherwise interfering with the operation or integrity of the Site or circumventing any Site security system; (b) collecting any information about other users of the Site; or (c) systematically extracting Content or other information or data contained in the Site to populate databases or other sites for internal or external use.

You further represent that you will not post, store, transmit, or otherwise use the Site in connection with any materials that may constitute or be comprised of any material that is unlawful or prohibited by these Terms of Use, including but not limited to materials that (a) impersonate any individual or business (including but not limited to PetIQ); (b) provide false or misleading personal information or email addresses, or impersonate any other person or entity; (c) harm minors in any way; (d) harass another person; (e) are unlawful, threatening, libelous, harassing, defamatory, vulgar, obscene, pornographic, profane, invasive of another’s privacy, hateful, or ethnically, racially, or otherwise objectionable; (e) infringe any patent, trademark, service mark, trade secret, copyright, or other proprietary rights of any person; or (f) consist of unsolicited advertising, promotional materials, or other forms of solicitation to other users including, without limitation, “junk mail,” “spam,” “chain letters,” or “pyramid schemes.”

PETIQ RIGHTS

PetIQ may suspend or terminate your access to all or part of the Site, without notice, for any conduct that PetIQ, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of PetIQ or any third party service provider.

PetIQ makes reasonable efforts to provide accurate information about product availability on the Site. Nevertheless, availability errors may appear on the Site. Accordingly, PetIQ does not guarantee the availability of products or services set forth on the Site.

ASSUMPTION OF RISK

Your access and use of this Site and any other site on the internet, including the products, goods, materials, information, services, and any other resources contained in, offered, or provided in connection with them, is solely at your own risk and subject to all applicable local, state, national, and international laws and regulations. Although PetIQ has endeavored to create a secure and reliable Site, the confidentiality of any communication or material transmitted to/from this Site over the internet cannot be guaranteed. PetIQ has no liability for interruptions or omissions in internet, network or hosting services. To the maximum extent permitted by law, you assume the sole and complete risk of using this Site and the Content.

ENFORCING SECURITY

Actual or attempted unauthorized use of the Site may result in criminal and/or civil prosecution. For your protection and consistent with our Privacy Policy, PetIQ reserves the right to view, monitor and record activity on the Site without further notice or permission from you. Any information obtained by monitoring, reviewing or recording is subject to review by law enforcement organizations in connection with the investigation or prosecution of possible criminal activity on the Site. PetIQ will also comply with all court orders involving requests for such information.

LINKS TO OTHER SITES

PetIQ may describe, reference or provide links, in its sole discretion, to other information, products, services or sites on the internet for your convenience in locating related information. Any descriptions of, references to, or links to other products, publications, or services does not imply an endorsement of any kind, unless expressly stated otherwise by PetIQ. Any such information, products, services or sites have not necessarily been reviewed by PetIQ and are provided or maintained by third parties over which PetIQ exercises no control. In addition, to the extent that PetIQ reviewed them, PetIQ undertakes no responsibility for continually monitoring such sites; the material at a site when PetIQ viewed it may differ materially from when you do so. Accordingly, PetIQ expressly disclaims any responsibility for the content, the accuracy of the information, and/or quality of the information, products or services provided by or advertised on third party sites.

You agree to remove any link from your website or any other internet location to the Site upon PetIQ’s request. Deep linking to the Site’s internal pages is expressly prohibited.

EVENTS BEYOND PETIQ CONTROL

You expressly absolve and release PetIQ, its affiliates, parent company, subsidiary and all other related companies, and all of their respective officers, directors, employees, shareholders, legal representatives, attorneys, agents, successors and assigns, from any claim of harm resulting from a cause beyond its control including, but not limited to, the failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses or software failures, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, terrorism or governmental restrictions.

DISCLAIMERS

ALL PRODUCTS, GOODS, MATERIALS, INFORMATION, SERVICES, AND OTHER RESOURCES PROVIDED OR MADE AVAILABLE THROUGH THIS SITE, INCLUDING ALL OF ITS CONTENT, ARE PROVIDED BY PETIQ ON AN “AS IS” BASIS AND WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND. PETIQ MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, TO YOU OR ANY OTHER PERSON OR ENTITY AS TO THE ACCURACY, RESULTS, TIMELINESS, COMPLETENESS, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO THE SITE, ANY SITE CONTENT, OR ANY PRODUCTS, GOODS, MATERIALS, INFORMATION, OR SERVICES PROVIDED OR OTHERWISE MADE AVAILABLE THROUGH THIS SITE. NO INFORMATION CONVEYED (WHETHER ORALLY OR IN WRITING) BY PETIQ, ITS PARENT COMPANY, SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, LEGAL REPRESENTATIVES, ATTORNEYS, AGENTS, SUCCESSORS, OR ASSIGNS REGARDING ANY PRODUCTS, GOODS, MATERIALS, INFORMATION SERVICES, OR OTHER RESOURCES PROVIDED OR OTHERWISE MADE AVAILABLE THROUGH THIS SITE SHALL CREATE SUCH A WARRANTY. FURTHER, THE INFORMATION AVAILABLE ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. PETIQ MAY MAKE MODIFICATIONS AND/OR CHANGES IN THIS SITE OR IN THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES DESCRIBED IN THIS SITE AT ANY TIME, FOR ANY REASON. YOU ASSUME THE SOLE RISK OF MAKING USE OF THIS SITE, THE CONTENT IT PROVIDES, AND ANY PRODUCTS, GOODS, MATERIALS, INFORMATION, SERVICES, OR OTHER RESOURCES PROVIDED OR OFFERED THROUGH THIS SITE.

TO THE EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL PETIQ BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR ANY KIND ARISING FROM YOUR ACCESS OR USE OF THIS SITE, THE CONTENT IT PROVIDES, OR ANY PRODUCTS, GOODS, MATERIALS, INFORMATION, SERVICES, OR OTHER RESOURCES PROVIDED OR OFFERED THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO, COMPENSATION, REIMBURSEMENT OR DAMAGES ON ACCOUNT OF THE LOSS OF PRESENT OR PROSPECTIVE PROFITS, EXPENDITURES, INVESTMENTS, OR COMMITMENTS, WHETHER MADE IN THE ESTABLISHMENT, DEVELOPMENT, OR MAINTENANCE OF BUSINESS REPUTATION OR GOODWILL, FOR LOSS OF DATA, COST OF SUBSTITUTE MATERIALS, PRODUCTS, SERVICES, OR INFORMATION, COST OF CAPITAL, AND THE CLAIMS OF ANY THIRD PARTY, OR FOR ANY OTHER REASON WHATSOEVER, EVEN IF PETIQ HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

TO THE EXTENT PERMITTED BY LAW, PETIQ DISCLAIMS LIABILITY FOR ANY DIRECT DAMAGES BASED ON YOUR ACCESS OR USE OF THE SITE, SITE CONTENT, AND ANY PRODUCTS, GOODS, MATERIALS, INFORMATION, SERVICES, OR OTHER RESOURCES PROVIDED OR OFFERED THROUGH THIS SITE. FURTHER, IF A THIRD PARTY OTHER THAN PETIQ PROVIDES PRODUCTS, GOODS, MATERIALS, INFORMATION, SERVICES, OR OTHER RESOURCES PROVIDED OR OFFERED THROUGH THIS SITE, PETIQ DISCLAIMS LIABILITY FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES BASED ON OR ARISING OUT OF SUCH THIRD PARTY’S PROVISION OF PRODUCTS, GOODS, MATERIALS, INFORMATION, SERVICES, OR OTHER RESOURCES.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR DIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

INDEMNITY

You agree to indemnify and hold harmless PetIQ, its affiliates and all related companies, and all of their respective officers, directors, employees, shareholders, legal representatives, attorneys, agents, successors and assigns, from and against any and all damages, liabilities, costs and expenses (including reasonable attorneys’ and professionals’ fees and court costs) arising out of any third party claims based on or related to your use of this Site or any breach by you of these Terms of Use.

REVIEWS AND SUBMISSIONS

Certain pages on the Site may enable you to rate and review products and/or services. In addition, PetIQ welcomes your feedback and suggestions about how to improve this Site, as well as other submissions related to this Site and any products or services offered in connection with this Site. Any reviews, ratings, ideas, suggestions, information, know-how, material, or any other content (collectively, “Submissions”) received through this Site, or through other forms of communication such as mail or email, will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for PetIQ to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works of, display (in whole or part) worldwide, or act on such Submissions without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such Submissions. You expressly acknowledge and agree that you waive any claim to the contrary. PetIQ may, but will not be obligated to, use and/or provide any author attributions related to any Submissions.

PetIQ is not responsible for, and does not endorse, Submissions posted by individuals on the Site. Accordingly, PetIQ may not be held liable, directly or indirectly, for any loss or damage caused to you in connection with any Submission posted by you or another individual. If you think anyone is violating these Terms of Use, please contact us by sending an electronic mail to customerservice@petiq.com.

PetIQ reserves the right to block or remove Submissions that PetIQ, in its sole discretion, determines to be (a) fraudulent, deceptive or misleading; (b) defamatory, abusive, or obscene; (c) in violation of any law or regulation; (d) in violation or alleged to be in violation of a third party’s rights; (e) describing an off-label use; or (f) otherwise unacceptable to PetIQ for any reason.

COPYRIGHT PROTECTION

If you believe any Submission posted by a third party infringes your copyrights, you may request that we remove the Submission (or disable access to the Submission) by contacting us and providing the following:

  • Identity of the work subject to your copyright, which you believe to be infringed. Please describe the work and, where possible, include a copy or the location (e.g., URL) of an authorized version of the work.
  • Identity of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
  • Your contact information, including name, address, telephone number, and e-mail.
  • A statement that you have a good faith belief that the complained of use of the materials is not authorized by you, another copyright owner, its/their agent, or the law.
  • A statement that the information you supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
  • A signature or the electronic equivalent from the copyright holder or authorized representative.

Send this information to us by email at customerservice@petiq.com.

In an effort to protect the rights of copyright owners, we maintain a policy for the termination of Site users who are repeat infringers/offenders, if such action is deemed appropriate in PetIQ’s sole discretion.

GOVERNING LAW AND FORUM

By visiting this Site, you agree that the laws of the state of Idaho, without regard to principles of conflict of laws, will govern this Site, the Terms of Use, and any dispute that might arises between you and PetIQ. You agree to submit to the jurisdiction of the state and federal courts in Idaho for the purpose of any judicial proceedings relating to or arising from these Terms of Use or the Site. Any such dispute shall be brought before the Circuit Court for Ada County, Idaho. The parties hereby waive any objection based on inconvenient forum.

DISPUTE RESOLUTION

You and PetIQ agree that the sole and exclusive forum for any dispute relating to these Terms of Use or in any way to your access or use of the Site shall be confidential, final and binding arbitration. Before resorting to this alternative, we strongly encourage you to first contact us directly to seek a resolution at 208-939-8900 or legal@petiq.com.

Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association (“AAA”). The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with AAA rules and limitations. 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 these Terms of Use shall be joined to an arbitration or claim involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise. In no event shall any claim, action or proceeding by you in any way related to the Site be instituted more than one (1) year after the cause of action arose.

SUSPENSION OR TERMINATION

PetIQ reserves the right at any time and for any reason to deny you access to the Site or any portion thereof, and/or to terminate these Terms of Use.

WAIVER

Failure to insist on specific performance of any of these Terms of Use will not operate as a waiver of any subsequent default or failure of performance. No waiver by PetIQ of any right under these Terms of Use will be deemed either a waiver of any other right or provision or a waiver of that same right or provision at any other time.

NATURE OF RELATIONSHIP AND SEVERABILITY

No joint venture, partnership, employment, agency, or other relationship exists between you and PetIQ as a result of these Terms of Use or your use of this Site. If any provision of these Terms of Use is held unenforceable by a court or tribunal of competent jurisdiction, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of these Terms of Use shall continue in full force and effect.

ENTIRE AGREEMENT AND RESERVATION OF RIGHTS

These Terms of Use and our Privacy Policy represent the entire agreement between you and PetIQ with respect to your access to or use of any material available on or through the Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and PetIQ with respect to the same. Any rights not expressly granted under these Terms of Use are reserved.