Welcome to PetPlus.com (the "Website"). This Website is owned and operated by PetPlus, LLC ("PetPlus" or "We" or "Us"). By accessing and using the Website, you agree to each of the terms and conditions set forth herein ("Terms of Use"). These Terms of Use, together with applicable additional terms and conditions referenced below, are referred to as this "Agreement."

Eligibility

This Website is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using the Website, you represent and warrant that you are of legal age to form a binding contract with Us and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

Changes to the Terms of Use

We may revise and update these Terms of Use, including the additional terms that are linked to from this page, from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

Online Purchases and Other Terms and Conditions

All purchases through the Website or other transactions for the sale of goods, services or information formed through the Website or as a result of visits made by you are governed by our Plan Terms, which are hereby incorporated into these Terms of Use.

Additional terms and conditions, which may be linked to within these Terms of Use, may also apply to specific portions, services or features of the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use. The capitalized words we use in these additional terms and conditions, as well as the privacy policy and other policies, that are not otherwise defined have the meaning ascribed to them in these terms of use.

Information About You and Your Visits to the Website

All information we collect on these Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Intellectual Property

You should assume that everything you see or read on the Website is copyrighted unless otherwise noted and may not be used except as provided in these Terms and Conditions or in the text on the Website without the written permission of PetPlus. PetPlus neither warrants nor represents that your use of materials displayed on the Website will not infringe rights of third parties not owned by or affiliated with PetPlus. However, we take violations of copyright seriously. Please see our Copyright Policy for instructions on sending us a notice of copyright infringement. It is the policy of PetPlus to terminate the user accounts of repeat infringers.

All other product names contained in these Websites may be trademarks or registered trademarks of their respective owners. Images of people or places on these Websites are the property of or used with permission by PetPlus or its vendors and suppliers. The use or misuse of those trademarks and images except as expressly authorized is prohibited.

PetPlus Plan

The PetPlus Plan, which is available in the Protection Plan or Complete Care version (the "PetPlus Plan") covers medications, some of which are required by law to be prescribed by a licensed veterinarian, as well as other discounts and offers available only to subscribers. Your participation in the PetPlus Plan is subject to the Plan Terms.

Content License and Intellectual Property Rights

You retain any and all intellectual property rights you already hold under applicable law in content you upload, publish, and submit to or through the Website, subject to the rights, licenses and other terms of this Agreement.

In connection with content you upload, publish or submit to any part of the Website or in connection with its services, you affirm, represent, and warrant that you own or have all necessary rights, licenses, consents, and permissions to use and authorize us to use the content in the manner contemplated by this Agreement. Do not upload any content to which you do not have these rights.

You grant certain content licenses to us by submitting your content on the Websites. You agree that by uploading, publishing, or submitting any content to or through the Websites you hereby automatically grant us a non-exclusive, worldwide, royalty-free, sublicenseable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the contact for the purposes of providing and promoting the Website and our services.

Reliance on Information Posted

The material contained in the Website has been checked for accuracy; however, the Website may contain typographical errors or other errors or inaccuracies and may not be complete or current. PetPlus therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Website at any time without prior notice. PetPlus does not guarantee that any errors, inaccuracies or omissions will be corrected and does not assume responsibility for any errors or omissions in the content.

Changes to the Website

We may update the content on the Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Links to Third-Party Websites

The Website has links and/or information related to other third-parties as a value-added convenience to our customers. These links do not constitute or imply an endorsement, sponsorship, or recommendation by PetPlus of any third party, their websites, or the information presented by those third parties. PetPlus will not be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with the use of such information or services. You are solely responsible for your dealings with such third parties. If you use the links to the websites of PetPlus affiliates or service providers, you will leave the Website, and will be subject to the terms of use and privacy policy applicable to those websites.

Linking to this Website

You may not connect "deep links" to the Website, i.e., create links to this site that bypass the home page or other parts of the Website in a manner that or for the purpose of diminishing the performance or searchability of the Website. We reserve the right to block any disruptive deep links to the Website. You may not mirror or frame the home page or any other pages of the Website on any other web site or web page without PetPlus's authorization.

Downloading Files

PetPlus cannot and does not guarantee or warrant that files available for downloading through the Website will be free of infection by software viruses or other harmful computer code, files or programs.

Promotions

From time to time the PetPlus may offer you the ability to enter sweepstakes, contests, and various other promotions. These promotions are governed by an additional set of rules and terms and conditions.

Disclaimer of Warranties

NEITHER PETPLUS NOR ITS AFFILIATES MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE WEBSITE OR THE CONTENT ON IT. PETPLUS AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE WEBSITE AND, THE CONTENT ON IT. PETPLUS AND ITS AFFILIATES DO NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE WEBSITE WILL BE CORRECTED. THE WEBSITE AND THE CONTENT ON IT IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.

Limitation of Liability

IN NO EVENT WILL PETPLUS OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE WEBSITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE WEBSITE, THE SERVICE AND/OR THE CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA OR (V) ANY OTHER MATTER RELATING TO THE WEBSITE, THE CONTENT ON THEM OR PRODUCTS OR SERVICES PURCHASED THROUGH PETPLUS OR ITS AFFILIATES OR PARTNERS, EVEN IF PETPLUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE WEBSITE, THE CONTENT IT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE. PETPLUS MAKES NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK OR OTHER INFORMATION HEREIN. FURTHERMORE, NEITHER PETPLUS NOR ITS AFFILIATES DO NOT IN ANY WAY ENDORSE ANY INDIVIDUAL DESCRIBED HEREIN. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH INFORMATION.

Your Conduct

You agree to use the Website only for lawful purposes. You agree not to take any action that might compromise the security of the Website, render the Website inaccessible to others or otherwise cause damage to the Website or the content on them. You agree not to add to, subtract from, or otherwise modify the content, or to attempt to access any content that is not intended for you. You agree not to use the Website in any manner that might interfere with the rights of third parties.

PetPlus Does Not Provide Medical Advice

The information that you obtain or receive from PetPlus is for informational purposes only. The information provided on the Website and in any other communications from or provided through Website is not intended as a substitute for, nor does it replace, professional medical advice, diagnosis or treatment. Do not disregard, avoid or delay obtaining medical advice for your pet from a qualified health care professional because of something you may have read on the Website. PetPlus does not recommend or endorse any specific veterinarian. If you rely on any of the information provided by the Website, you do so solely at your own risk.

Dispute Resolution/ Choice of Law.

Most customer concerns can be resolved quickly and to the customer's satisfaction by contacting our customer service department by email at [email protected], or call us at (866) 893-0306. In the unlikely event that Our customer service department is unable to resolve a complaint you may have to your satisfaction (or if we have not been able to resolve a dispute it has with you after attempting to do so informally), you and we each agree to resolve those disputes through binding arbitration or in small claims court, rather than proceeding in a court of general jurisdiction. You and we further agree that each may bring claims against the other only in an individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted even if the arbitral body permits claims to proceed on a class wide basis. For any non-frivolous claim that does not exceed $75,000, we will pay all costs of the arbitration. Moreover, in arbitration you are entitled to recover attorneys' fees from us to at least the same extent as you would be entitled to in court.

You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver. You waive and relinquish all rights and benefits that you have or may have under Section 1542 of the Civil Code of the State of California or any similar provision of the statutory or non-statutory law of any other jurisdiction to the full extent that you may lawfully waive all such rights and benefits.

This Agreement is governed by the laws of the State of New York. If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of this Agreement, all of which will remain in full force and effect.

General Provisions

This Agreement, including these Terms and Conditions, the Privacy Policy and the Plan Terms, constitute the entire agreement between you and Us with respect to the Website, and our services. No waiver by PetPlus of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

Contact Us

If you have any questions or suggestions, please contact us at [email protected] or call us at (866) 893-0306 or write us at 52 Merton Ave, Lynbrook, NY 11563.


Plan Terms

The following terms and conditions apply to the PetPlus Plan (the "PetPlus Plan"), a membership based pet health and wellness discount program offered by PetPlus, LLC ("PetPlus"). The PetPlus Plan is offered in two versions: the “Protection Plan” and “Complete Care.” Both versions are referred to in these terms as the PetPlus Plan, except where a term applies to only one version of the PetPlus Plan, in which case, these terms and conditions will refer only to the applicable version of the PetPlus Plan. By registering for this program, you agree to the terms and conditions below, as well as our Terms of Use and Privacy Policy. Capitalized words used here that are not otherwise defined have the meaning given them in the Terms of Use.

Product and Services Information

The PetPlus Plan covers certain medications that are required by law to be prescribed by a licensed veterinarian, in addition to products that do not require prescriptions. PetPlus cannot provide a prescription medication through the PetPlus Plan without a valid prescription from your pet’s veterinarian.

The Complete Care Plan and Protection Plan have certain differences. Members registering for the Complete Care Plan have access to all medications on Formulary A and the Protection Plan have access to Formulary B, as specified on the formulary documents. Members can purchase a one year supply of each medication, annually, per pet, unless otherwise specified on the formulary document. The selection and amount of medications on each Formulary may change at any time without notice to members. If Protection Plan members place orders for medication that is either: (i) in excess of any limit specified on the Formulary or (ii) not part of the medications that are on the designated Formulary, PetPlus will automatically upgrade you to the Complete Care Plan and you agree to allow PetPlus to charge the credit card you use for this order in the amount of the additional membership fee payable for the Complete Care Plan for the full period of your membership.

Protection Plan members may be offered the opportunity to purchase limited amounts of products in Formulary A, if not covered in Formulary B. These amounts may change at any time, but will be posted on the Formulary.

The PetPlus Plan is not insurance and is not intended as a substitute for insurance. In no event is information provided on or through the Website, or connected with the PetPlus Plan, intended as veterinary and/or other licensed professional advice. You should consult with your veterinarian in evaluating the appropriateness of any information provided on the Website or any medication obtained through the PetPlus Plan. Use all medications as instructed by your veterinarian and/or as provided in the manufacturer’s packaging insert. If you have any questions about medication obtained through the PetPlus Plan, or about the administration or dosage of a medication, contact your pet’s prescribing veterinarian. Products and services offered on any of the Website are subject to availability. Manufacturer shortages may limit or prohibit us from filling your pet’s prescription. The receipt of an e-mail order acknowledgement is not a confirmation that the fulfilling pharmacy has a prescription medication in stock. Purchase of prescriptions through the PetPlus Plan for resale purposes is prohibited. In order to maintain the integrity of the program, if we believe that any member has violated or engaged in abuse of the plan, we reserve the right in our sole determination to limit the quantity of any item(s) sold through the PetPlus Plan, and/or to any single person, household, or credit card during any given period. PetPlus Plan membership is a “per-pet” program. Membership benefits are only available for the pet registered with the PetPlus Plan. Accessing your PetPlus Plan benefits for a pet not named on the account is a violation of the PetPlus Plan. PetPlus reserves the right to cancel or modify this program at any time. Program changes or cancellations will be effective at the beginning of the member’s next billing cycle. By joining the PetPlus Plan, you agree to abide by these terms and conditions of the PetPlus Plan and that any violation by you of these terms and conditions may be grounds for termination of your membership by PetPlus. No membership cost refund will be provided to any terminated member.

Pricing

PetPlus Plan savings are estimated off the prevailing price for the prescription products available through the PetPlus Plan and are calculated at the time of sale. The savings are estimated based on manufacturer or supplier standard list or retail prices. These prices are comparative and may not represent the prevailing price in any particular geographic area. Discount codes, promotional codes, sale prices, gift codes and PetPlus loyalty points cannot be used with orders placed through the PetPlus Plan. Certain state laws prevent the use of PetPlus loyalty points to be awarded or utilized for the purchase of prescription drugs.

The Participating Retail Pharmacy Network

PetPlus is not a pharmacy, however PetPlus does provide access to discounted veterinary medications that are identical to those you would obtain through your veterinarian. For mail-order or online purchases, we may partner with other companies, including affiliated companies such as PetCareRx, Inc., to fulfill your order. Many of the prescription medications ordered for your pet are the same ones taken by people and may be available through a retail pharmacy. For its Complete Care version of the PetPlus Plan, PetPlus has partnered with CVS Caremark so that Complete Care members can access the Plan’s wholesale pricing through a CVS Caremark participating retail pharmacy. Drugs manufactured for veterinary use only will not be available from the CVS Caremark pharmacies. In addition, not all CVS Caremark pharmacies may participate in the PetPlus Complete Care version of the PetPlus Plan. We are not responsible for the information, products or services provided by PetCareRx, CVS Caremark or any third party accessed through the Website.

Recurring Billing

You authorize us to charge each payment to the credit card you use to make your initial payment or, if we are unable to complete a charge using such credit card, to any other credit card we have on file with our parent company, PetCareRx.com Inc. (“PetCareRx”) with respect to your account at www.petcarerx.com. PetPlus is a wholly-owned subsidiary of PetCareRx Inc. Please do not use a debit card to make your initial payment. You agree to maintain in your PetPlus and, if applicable, PetCareRx, account at least one valid credit card that expires no earlier than 20 days after your last payment due date.

Cancellation

The PetPlus program is designed to save money for its members over the long term. Still, you may cancel your PetPlus membership at any time without penalty if you have not utilized any of your PetPlus benefits (including discounts on products and/or services). If you have purchased products or used services using your PetPlus benefits, we will charge a $25 administrative fee per membership cancellation if the membership is cancelled within three months of enrollment. You will not be refunded for any unused days on your membership if you choose to cancel prior to the end of your billing cycle. In addition, in order to maintain the integrity of the program for all its members, we reserve the right to assess a $25 re-activation fee per membership after an account review.

Underpayment/Late Payments

By enrolling in the PetPlus Plan, you agree to pay in full for prescriptions you order and receive through mail delivery and/or those picked up at one of our participating retail pharmacies through the Complete Care version of the PetPlus Program. Late payment fees between $5 and $25 will be assessed for all amounts past due for more than 30 days and will be charged each month the full balance remains unpaid. On occasion, the amount charged to your account for retail pharmacy pickup (for Complete Care members) may be more or less than the price of the prescription you paid online if there is a variation between what was paid for online and what was picked up (eg., dosage, brand name, pill quantity, etc.). You accept financial responsibility for payment in full for any such additional amounts. Should it become necessary for PetPlus to hire an attorney or collection agency to secure payment of any amount due, you will be responsible for paying all attorney's fees, court costs and costs associated with hiring a collection agency.

Guaranteed Savings

If by the end of the one year of continuous PetPlus Plan membership, you have not achieved a total savings amount on all purchases and services with the PetPlus Plan that is equal to or greater than the cost of the membership fee, you will be eligible for store credit at PetCareRx.com equal to the difference between the amount actually saved and the membership fee, in PetCareRx loyalty points or such other form as determined by PetPlus. You must request this credit within 60 days after the end of the one year membership period to be eligible for the credit at PetCareRx.com. Guaranteed savings request received after the 60-day submission period will not be valid or eligible for store credit. You must be a member for a full year before you will be eligible for any credit under this program. For purposes of calculating your savings, (i) your annual fee will not include any periods during which you participated for free under any promotional offer (such as a one month free trial or free introductory period), (ii) savings will be determined by subtracting the PetPlus's plan price for all products purchased from PetPlus’s then-current customary retail price for such products.

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