Terms of Use
By clicking “sign in,” “create account,” or “complete purchase” and entering or otherwise using our website or mobile application (the “Site”), you agree to and accept these terms and conditions. Certain products and services on our Site may have additional terms that apply (for example, if you enroll in our Treats loyalty program or you subscribe to our Auto ship subscription program, you also will be subject to the Treats rules and the Auto ship terms). If these Terms of Use are inconsistent with terms applicable to a certain product or service, those other terms will control.
THESE TERMS AND CONDITIONS, AS WELL AS ANY OTHER PRODUCT AND SERVICE SPECIFIC TERMS ON OUR SITE, CONSTITUTE YOUR SERVICE AGREEMENT (“AGREEMENT”) WITH PETSMART, INC. AND ANY OF ITS OWNED OR OPERATED SITES WHERE THESE TERMS OF USE ARE POSTED (“PetMania”). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS FOR YOUR USE OF OUR SITE AND YOUR PURCHASE OR USE OF ANY PRODUCTS OR SERVICES OFFERED ON THE SITE. BY ACCESSING AND/OR USING THE SITE, YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THE AGREEMENT AND TO ABIDE BY ALL OF THE TERMS AND CONDITIONS SET FORTH HEREIN. YOU MAY NOT ACCESS OR USE THIS SITE OR ACCEPT THIS AGREEMENT UNLESS YOU ARE AT LEAST 18 YEARS OLD. ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION AGREEMENT A LITTLE LATER ON THAT AFFECTS YOUR RIGHTS. YOU AND PetMania AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING INDIVIDUAL ARBITRATION, AND YOU AND PETSMART WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION AND THE RIGHT TO A JURY TRIAL. IN ARBITRATION, THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT. PLEASE REVIEW THESE TERMS CAREFULLY.
Electronic Communications
When you use our Site, or send e-mails, and other electronic communications from your desktop or mobile device to us, you are communicating with us electronically. By sending, you consent to receive reply communications from us electronically in the same format and you can retain copies of these communications for your records. 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.
Accounts
In order to use certain features of the Site (e.g., purchasing products and services (referred to collectively as “Products” herein) from the Site), you must register for an account with PetMania (“PetMania Account”) and provide certain information about yourself as prompted by the Site registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Site does not violate any applicable law or regulation or the terms of this Agreement. You are responsible for maintaining the confidentiality of your PetMania Account login information.
You are fully responsible for all activities that are associated with your PetMania Account (including but not limited to any purchases, use of the Site, or correspondence from your account to PetMania). You agree to immediately notify PetMania of any unauthorized use or suspected unauthorized use of your PetMania Account or any other breach of security. When you provide PetMania with such notice, PetMania will suspend or otherwise secure your Account to prevent future unauthorized activity.
Permissible Uses of Site
Subject to the terms of this Agreement, PetMania grants you a limited, non-transferable, non-exclusive license to access and make personal use of the Site. This license does not include any resale or commercial use of the Site features or content, or the right to access or use the Site for any of the restricted purposes set forth below. Petopis may terminate this license at any time for any reason.
The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not use the Site to place an order on behalf of yourself or a third party for resale to that third party; (b) you shall not license, sublicense, reproduce, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, its products, or its content without the express written consent of PetMania; (c) you shall not modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Site; (d) you shall not access the Site in order to build a similar or competitive service, or to download, copy, or collect content or account information for the benefit of another merchant; (e) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means without PetMania’s express written consent; and (f) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information or content (including images and text descriptions) of the Site without PetMania’s express written consent.
PetMania reserves the right, at any time, to modify, suspend, or discontinue the Site or any part thereof with or without notice. You agree that PetMania will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or any part thereof.
