entirelypetspharmacy.com
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EntirelyPets Pharmacy Terms of Use Last updated: August 29, 2018

By clicking "sign in", "create account" or "submit order" 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 subscribe to our Autoship & Save subscription program, you also will be subject to the Autoship Terms & Conditions).



THESE TERMS AND CONDITIONS, CONSTITUTE YOUR SERVICE AGREEMENT ("AGREEMENT") WITH ENTIRELYPETSPHARMACY AND ANY OF ITS OWNED OR OPERATED SITES WHERE THESE TERMS OF UES ARE POSTED. 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 ENTIRELYPETSPHARMACY 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 CLAUSE A LITTLE LATER ON. YOU AND ENTIRELYPETS PHARMACY AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND ENTIRELYPETS PHARMACY WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.



Privacy Policy



Electronic Communications



When you use our Site, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this Site, 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 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 EntirelyPets MyAccount login information. You are fully responsible for all activities that are associated with your MyAccount (including but not limited to any purchases, use of the Site, or correspondence from your account to EntirelyPets Pharmacy). You agree to immediately notify EntirelyPets Pharmacy of any unauthorized use or suspected unauthorized use of your EntirelyPets Pharmacy Account or any other breach of security. When you provide EntirelyPets Pharmacy with such notice, EntirelyPets Pharmacy will suspend or otherwise secure your Account to prevent future unauthorized activity.



Order Acceptance



The receipt of an order number or an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. EntirelyPets Pharmacy reserves the right, without prior notification, to limit the order quantity on any item and/or to refuse service to any customer. Verification of information may be required prior to the acceptance of an order. Prices and availability of products on the Site are subject to change without notice. Errors will be corrected when discovered and EntirelyPets Pharmacy reserves the right to revoke any stated offer and to correct any error, inaccuracy, or omission (including after an order has been submitted). Certain orders constitute improper use of the Site. EntirelyPets Pharmacy reserves the right, at its sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at EntirelyPets Pharmacy's sole discretion.



Risk of Loss



All items purchased from EntirelyPets Pharmacy are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.



Product Descriptions



EntirelyPets Pharmacy attempts to be as accurate as possible. However, EntirelyPets Pharmacy does not warrant that product descriptions or other content on the Site are accurate, complete, reliable, current or error-free. If a product offered by EntirelyPets Pharmacy is not as described, your sole remedy is to return the product.



Pricing



"List Price" means the suggested retail price of a product as provided by a manufacturer, supplier or other retailers (and with respect to RX products, veterinarians).

EntirelyPets Pharmacy cannot confirm the price of an item until your submit an order. If you use Autoship, the price of an item will set at the time the order is processed. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an items is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel our order and notify you of such cancellation. We do business throughout the United States and collect and remit sales tax as required by law.



Autoship & Save



By checking "Submit Order" on the EntirelyPets Pharmacy.com order review page, you agree to the Autoship & Save Terms and Conditions ("Autoship Terms") applicable to our subscription ordering program ("Autoship"). The Autoship Terms govern your Autoship subscription, in addition to the Terms of Use and Privacy Policy that govern the use of our website, as well as all other applicable terms, conditions, limitations and requirements on the EntirelyPets Pharmacy.com website (as changed over time). By placing an order and enrolling in our Autoship program, you accept these terms, conditions, limitations and requirements. Please read these Terms carefully.



Permissible Uses of Site



Subject to the terms of this Agreement, EntirelyPets Pharmacy 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. EntirelyPets Pharmacy 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 EntirelyPets Pharmacy; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) 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; (d) 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 EntirelyPets Pharmacy's express written consent; and (e) 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 EntirelyPets Pharmacy's express written consent.



EntirelyPets Pharmacy reserves the right, at any time, to modify, suspend, or discontinue the Site or any part thereof with or without notice. You agree that EntirelyPets Pharmacy will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or any part thereof.



Intellectual Property Rights



The Site contains valuable trademarks and service marks owned and used by EntirelyPets Pharmacy, including but not limited to, EntirelyPets Pharmacy, the EntirelyPets Pharmacy design logo, the tag line "We're All About Your Pets!", "We ❤ your pets!", "We do it for the wags!" and certain brands including Pet Health Solutions (PHS) and Joint MAX"). Any use of the EntirelyPets Pharmacy Marks without the prior written permission of EntirelyPets Pharmacy is strictly prohibited. The arrangement and layout of the Site, including but not limited to, the EntirelyPets Pharmacy Marks, images, text, graphics, buttons, screenshots, and other content or material (collectively, the "Site Content"), are the sole and exclusive property of EntirelyPets Pharmacy.



UNAUTHORIZED COPYING, REPRODUCTION, MODIFYING, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, MAKING DERIVATIVE WORKS OF OR DUPLICATING ALL OR ANY PART OF THE SITE IS PROHIBITED.



EntirelyPets Pharmacy uses a network of independent product and content suppliers, distributors and other such third parties to supply some of the products and content advertised on the Site. All other trademarks, service marks, product names, package designs and company names or logos associated with these product and other such third parties that are not owned by us but appear on the Site are the property of their respective owners. Limitations Regarding Information, Articles and Advice



EntirelyPets Pharmacy offers information, articles and advice to pet parents through this site for educational purposes only. Any information offered through this site is not intended to diagnose, treat or cure your pet and is not a substitute for veterinary care provided by a licensed veterinarian. For any medical or health related advice concerning the care and treatment of your pet contact your regulator veterinarian or local animal hospital. User Content



"User Content" of the Site user means any and all information and content that such user submits to EntirelyPets Pharmacy by any means, including through social media (e.g., Facebook, YouTube, Instagram, Pinterest, Twitter), or uses with the Site (e.g., a user profile, product review, question & answer). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You hereby affirm, represent, and warrant that (i) you own, or have the necessary licenses, rights, and/or consents to use your User Content with the Site as described herein and (ii) your User Content does not violate the Acceptable Use Policy. You may not state or imply that your User Content is in any way provided, sponsored or endorsed by EntirelyPets Pharmacy. Because you alone are responsible for your User Content (and not EntirelyPets Pharmacy), you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. EntirelyPets Pharmacy is not obligated to backup any User Content, makes no representation that it will do so, and you agree that EntirelyPets Pharmacy may delete User Content at any time.



By submitting your User Content or using it with the Site , you automatically grant, and you represent and warrant that you have the right to grant, to EntirelyPets Pharmacy an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, solely for the purposes of including your User Content in the Site, EntirelyPets Pharmacy social media platforms or marketing initiatives. You agree to irrevocably waive (and cause to be waived) any claims and assertions of publicity or moral rights, or attribution with respect to your User Content.



EntirelyPets Pharmacy will treat any feedback, communications, or suggestions you provide to EntirelyPets Pharmacy as non-confidential and non-proprietary. Thus, in the absence of a written agreement with EntirelyPets Pharmacy to the contrary, you agree that you will not submit to EntirelyPets Pharmacy any information or ideas that you consider to be confidential or proprietary.



Acceptable Use Policy



You agree not to use the Site to collect, upload, transmit, display, or distribute any User Content (a) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) that is unlawful, harassing, abusive, tortious, threatening, harmful, abusive, invasive of another's privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive (e.g., material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual) or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; or (c) in violation of any law, regulation, or obligations or restrictions imposed by any third party.



In addition, you agree not to commercially exploit the Site or use it to: (a) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (b) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (c) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (d) interfere with or disrupt servers or networks connected to the Site or violate the regulations, policies or procedures of such networks; (e) attempt to gain unauthorized access to the Site, other computer systems or networks connected to or used together with the Site, through password mining or other means; or (f) harass or interfere with another user's use and enjoyment of the Site.



We reserve the right (but have no obligation under this Agreement) to review any User Content, investigate, and/or take appropriate action against you, at our sole discretion, if you violate the Acceptable Use Policy or any other provision of this Agreement, including removing or modifying your User Content, terminating your EntirelyPets Pharmacy Account, and/or reporting you to law enforcement authorities. We may also remove or modify your User Content if it, in our sole judgment, violates the rights of, harms, or threatens the safety of any other person, or creates liability for us or any other person. In order to cooperate with legitimate governmental requests, subpoenas or court orders, or to protect our business and members, we may access and disclose any information we consider necessary or appropriate, including your EntirelyPets Pharmacy Account username and password, IP address and traffic information, usage history, and your User Content. Third Party Sites and Other Users



The Site may contain links to, or advertisements for, third party web sites (collectively, "Third Party Sites") (for example, social media sites such as Facebook, YouTube, Twitter, or Pinterest). Such Third Party Sites are not under the control of EntirelyPets Pharmacy and EntirelyPets Pharmacy is not responsible for any Third Party Sites. EntirelyPets Pharmacy provides links to these Third Party Sites only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites. You agree that you use all Third Party Sites at your own risk. When you link to a Third Party Site, the applicable service provider's terms and policies, including privacy and data gathering practices govern. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any Third Party Site.



Each Site user is solely responsible for any and all of its User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other Site users are solely between you and such user. You agree that EntirelyPets Pharmacy will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site user, we are under no obligation to become involved.



You hereby release us, our officers, employees, agents, affiliates, subsidiaries, parents, joint ventures, successors and any other companies under common control with us from claims, demands any and all losses, damages, rights, claims, and actions of any kind including personal injuries, death, and property damage, that are either directly or indirectly related to or arise out of any interactions with or conduct of other Site users or Third Party Sites. Disclaimer of Warranties



EntirelyPets Pharmacy intends for the information and data contained in the Site to be accurate and reliable but since the information and data have been compiled from a variety of sources, they are provided 'AS IS' and "AS AVAILABLE". You expressly agree that your use of the Site and any information contained therein is at your sole risk. NEITHER ENTIRELYPETS PHARMACY NOR ITS THIRD PARTIES WARRANT THE ACCURACY, OR COMPLETENESS OF THE CONTENT PROVIDED ON THIS SITE OR THE PRODUCTS OR SERVICES OFFERED FOR SALE ON THIS SITE. WE CANNOT AND DO NOT WARRANT THAT YOUR USE OF THIS SITE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE. Accordingly, to the extent permitted by applicable law, EntirelyPets Pharmacy EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Some jurisdictions do not allow the disclaimer of warranties so such disclaimers may not apply to you. Limitation on Liability



IN NO EVENT SHALL ENTIRELYPETS PHARMACY, OUR OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, SUBSIDIARIES, PARENTS, JOINT VENTURES, SUCCESSORS AND ANY OTHER COMPANIES UNDER COMMON CONTROL WITH US BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR IN ANY WAY RELATED TO YOUR RELATIONSHIP WITH ENTIRELYPETS PHARMACY, YOUR USE OF THE WEB SITE, PRODUCTS, OR THIRD PARTY SITES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE WEB SITE, PRODUCTS AND THIRD PARTY SITES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR IN ANY WAY RELATED TO YOUR RELATIONSHIP WITH ENTIRELYPETS PHARMACY OR THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY US DOLLARS ($50) OR (B) AMOUNTS YOU'VE PAID ENTIRELYPETS PHARMACY IN THE PRIOR 12 MONTHS. WE AGREE THAT ANY CLAIM BETWEEN US MUST BE BROUGHT WITHIN TWO (2) YEARS.



SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.



Indemnity



You agree to indemnify and hold EntirelyPets Pharmacy, our officers, employees, agents, affiliates, subsidiaries, parents, joint ventures, successors and any other companies under common control with us harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (i) your use of the Site or Products, (ii) your User Content, or (iii) your violation of this Agreement. EntirelyPets Pharmacy reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of EntirelyPets Pharmacy. EntirelyPets Pharmacy will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.



Arbitration



YOU AND ENTIRELYPETS PHARMACY AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.



Any dispute between you and EntirelyPets Pharmacy, its agents, employees, officers, directors, principals, successors, assigns, subsidiaries or affiliates (collectively for purposes of this section, 'EntirelyPets Pharmacy') arising from or relating to these Terms of Use and their interpretation or the breach, termination or validity thereof, the relationships which result from these Terms of Use, including disputes about the validity, scope or enforceability of this arbitration provision (collectively, "Covered Disputes") will be settled by binding arbitration administered by the JAMS, Inc. under its rules applicable to consumer disputes, in effect on the date thereof. Information on JAMS and how to start arbitration can be found at www.jamsadr.com or by calling 800-352-5267. For purposes of this section, these Terms of Use and related transactions will be subject to and governed by the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA).



Prior to initiating any arbitration, the initiating party will give the other party at least 60-days' advanced written notice of its intent to file for arbitration. EntirelyPets Pharmacy will provide such notice by e-mail to your e-mail address on file with EntirelyPets Pharmacy and you must provide such notice by e-mail to legal@chewy.com. During such 60-day notice period, the parties will endeavor to settle amicably by mutual discussions any Covered Disputes. Failing such amicable settlement and expiration of the notice period, either party may initiate arbitration. The arbitrator will have the power to grant whatever individual relief would be available in court under law or in equity and any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.



ENTIRELYPETS PHARMACY AND YOU AGREE THAT ANY COVERED DISPUTE HEREUNDER WILL BE SUBMITTED TO ARBITRATION ON AN INDIVIDUAL BASIS ONLY. NEITHER ENTIRELYPETS PHARMACY NOR YOU ARE ENTITLED TO ARBITRATE ANY COVERED DISPUTE AS A CLASS, REPRESENTATIVE OR PRIVATE ATTORNEY ACTION AND THE ARBITRATOR(S) WILL HAVE NO AUTHORITY TO PROCEED ON A CLASS, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL BASIS. If any provision of the agreement to arbitrate in this section is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced (but in no case will there be a class, representative or private attorney general arbitration).



Notwithstanding any provision in these terms to the contrary, we agree that if EntirelyPets Pharmacy makes any future material change to this dispute resolution provision, it will not apply to any individual claim(s) that you had already provided notice to EntirelyPets Pharmacy. In the event that this arbitration agreement does not apply to a given dispute, then the parties agree to the exclusive jurisdiction of the state and federal courts in Broward County, Florida to resolve such claims.



Term and Termination



Subject to this Section, this Agreement will remain in full force and effect while you use the Site. We may (a) suspend your rights to use the Site (as well as your EntirelyPets Pharmacy Account) or (b) terminate this Agreement, at any time for any reason at our sole discretion, including for any use of the Site in violation of this Agreement or if we believe you are younger than 18. Upon termination of this Agreement, your EntirelyPets Pharmacy Account and right to access and use the Site will terminate immediately. You understand that any termination of your EntirelyPets Pharmacy Account may involve deletion of any User Content you may have posted. EntirelyPets Pharmacy will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your EntirelyPets Pharmacy Account or deletion of your User Content.



The provisions herein related to our intellectual property rights, user content, acceptable use, disclaimer of warranties, indemnity, limitation and liability, and arbitration together with any other rights and obligations which by their nature are reasonably intended to survive such termination, will survive any termination of these Terms of Use.