Petco Vital Care Terms & Conditions
Last Updated: May 5, 2021
PLEASE NOTE: THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION WITH A CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS. THE ARBITRATION PROVISION AFFECTS HOW DISPUTES WITH PETCO ARE RESOLVED. YOU AGREE TO BE BOUND BY THIS ARBITRATION PROVISION. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT. PLEASE READ THESE VITAL CARE TERMS CAREFULLY.
THE SUBSCRIPTION IS FOR A ONE (1) YEAR TERM AND WILL AUTOMATICALLY RENEW FOR ADDITIONAL ONE (1) YEAR TERMS UNLESS CANCELLED IN ACCORDANCE WITH THE CANCELLATION POLICY BELOW IN SECTION 5. SEE SECTION 4 FOR RECCURING PAYMENT INFORMATION.
1. Subscription Offer & Benefits
The Subscription is an annual commitment available to dog and cat owners, as detailed below. By enrolling in the Subscription, you agree to pay the monthly Subscription fee for the initial one-year term, which will renew automatically as set forth below in Sections 4 and 5. Subscription benefits apply to an individual pet; if you own multiple pets and want each pet to enjoy the benefits outlined below, you must purchase a separate Subscription for each such pet. In addition, the Subscription offers different benefits depending on the date you enrolled and certain elections you may be asked to make. The Subscription provides the following benefits available to you and your dog and/or cat on an annual basis, while you are enrolled in the Subscription:
- Welcome Gift: Upon enrolling in the Subscription program, you will receive a welcome gift. This gift will be available on your Vital Care Redemption Dashboard, which can be accessed on Petco.com or via the Petco mobile app. Your welcome gift can be redeemed at any time during your Subscription, unless it is a limited-time offer with specific expiration and usage restrictions set forth on your offer. The welcome gift may vary from time to time in Petco’s sole discretion with current selections available at www.petco.com/vitalcare.Each pet is only eligible to receive a welcome gift once.
- At the Grooming Salon (For Dogs Only): The Subscription may offer different grooming salon benefits depending on when you enrolled. Subscriptions purchased before May 24, 2021 are referred to here as “Grandfathered Subscriptions.” Subscriptions purchased on or after May 24, 2021 are referred to as “30% Off Subscriptions.”
- Grandfathered Subscriptions: Individuals who purchased a Subscription before May 24, 2021 may be given the option to keep their original grooming benefits or elect new grooming benefits. If you have not elected new grooming benefits, your Subscription includes the following:
- Unlimited nail trims. Your Subscription includes unlimited individual nail trims for one dog at all Petco Grooming Salon locations. This benefit is limited to the individual nail trim service, and packages including nail trims are not included.
- Unlimited teeth brushing. Your Subscription includes unlimited teeth brushing for one dog at all Petco Grooming Salon locations. This benefit is limited to the individual teeth brushing service, and packages including teeth brushing or teeth cleaning are not included.
- 30% Off Subscriptions: If you purchased your Subscription on or after May 24, 2021, or you purchased a Grandfathered Subscription and elected new grooming benefits, your Subscription includes the following:
- At each grooming appointment, you will receive thirty percent (30%) off the listed price of any dog grooming services (such as add-ons or packages) performed at that appointment, so long as the appointment includes (1) a full-service dog bath, or (2) a full-service dog bath with haircut. The discount may be combined with other valid Petco discounts you have earned as a member of the Petco Spa Club and/or the Pals Rewards Program, subject to certain limitations. The discount has no cash value. If the value of the discount is greater than the purchase price of the grooming services, you will not receive cash back, store credit, gift cards, or account credits. We will not apply any overages to non-qualifying purchases or amounts due. The 30% off discount will not apply to any retail products purchased (including grooming products) or grooming services for other animals who do not have a Vital Care plan. Sales tax may still be due and collected at the time of your transaction.
- Grandfathered Subscriptions: Individuals who purchased a Subscription before May 24, 2021 may be given the option to keep their original grooming benefits or elect new grooming benefits. If you have not elected new grooming benefits, your Subscription includes the following:
- At On-Site Veterinary Partners: Your Subscription includes unlimited vet exams at participating Petco On-Site Veterinary Partners, for the pet enrolled in the Subscription. Participating On-Site Veterinary Partners are identified in Section 3 below. Your vet exam fee will be waived only at these On-Site Veterinary Partners (and not at a Vet-of-Choice location). Additional fees will apply for services, tests and/or medications that may be requested or provided during your vet exam. You should consult your vet at the time of the exam to determine applicable fees.
- At Vet-of-Choice: You are eligible to receive up to seventy (70) Pals Rewards Dollars for completing up to two (2) vet exams with your chosen or preferred vet for the pet enrolled in the Subscription. Thirty-five (35) Pals Rewards Dollars will be made available to you through your Pals Rewards account, following each such qualifying visit. Visits to On-Site Veterinary Partners or Vetco vaccination clinics are not eligible as a qualifying visit. Upon your submission of satisfactory receipts evidencing such visits, the corresponding amount of Pals Rewards Dollars will be deposited into your Pals Rewards Account. You may submit your receipts to email@example.com, upload them via the Petco mobile app, or submit them on Petco.com. We are unable to accept handwritten receipts or receipts for items/services provided by unlicensed veterinarians. Expiration and usage restrictions for Pals Rewards Dollars are set forth in the Pals Rewards Terms & Conditions.
- In the Store or Online: You are eligible to receive up to one hundred and twenty (120) Pals Rewards Dollars to use on qualifying in-store or online purchases, which will be delivered to your Pal Rewards account at a rate of ten (10) Pals Rewards Dollars per month, on a monthly basis. Expiration and usage restrictions for Pals Rewards Dollars are set forth in the Pals Rewards Terms & Conditions.
2. Conditions to Receiving Subscription Benefits.
Subscription benefits are valid only for those services identified in Section 1 at applicable Petco locations. Certain benefits may not be offered at all locations (see Section 3 for more details). Subscriptions are purchased on a “per pet” basis. Subscription benefits may not be shared among pets in the same household. Subscriptions are for individual, personal and non-commercial use only, and are non-transferable. When used online at Petco.com, a Pals Rewards Member number may only be associated with one Petco.com or Pals Rewards account. However, multiple Subscriptions may be applicable to a Petco.com or Pals Rewards account if a household enrolls in individual Subscriptions for each pet in such household.
To claim a Subscription discount, or for any other Subscription benefit to apply, the Subscription and Pals Rewards account must be active and in good standing at the time of your transaction. Subscribers will not be reimbursed retroactively for purchases made without an active and available Subscription at the time of purchase.
You may enroll in the Subscription at all Petco retail locations, on Petco.com, or on the Petco mobile app. While we offer grooming and vet services at many of our locations, some grooming-related benefits under your Subscription will only be available by visiting a Petco retail location that has an on-site grooming salon. Unlimited vet exam benefits at On-Site Veterinary Partners (as described in Section 1) are only available at select locations, which are listed below. You may search stores.petco.com by specific store to see updated Petco Grooming Salons, On-Site Veterinary Partners, and Vetco vaccination clinic information, as well as their hours/schedules. For questions about Subscription benefits at our locations, contact Vital Care customer service at (858) 657-2035, or contact your local store. Participating Petco retail stores and On-Site Veterinary Partners are subject to change at any time.
ON-SITE VETERINARY PARTNERS
4013 WEST WALNUT STREET
ROGERS, AR 72756
BENTON, AR 72015
3835 PHOENIX AVENUE
FORT SMITH, AR 72903
13375 POWAY ROAD
POWAY, CA 92064
141 S. LAS POSAS ROAD
SAN MARCOS, CA 92078
31090 DYER STREET
UNION CITY, CA 94587
2310 SOUTH SHORES CTR
ALAMEDA, CA 94501
1301 S. CALIFORNIA BLVD
WALNUT CREEK, CA 94596
5650 COTTLE ROAD, SUITE 30
SAN JOSE, CA 95123
210 NUT TREE PKWY
VACAVILLE, CA 95687
3551 W. HILLSBORO BLVD.
DEERFIELD BEACH, FL 33442
1009 E. COMMERCIAL BLVD.
OAKLAND PARK, FL 33334
15895 PINES BLVD.
PEMBROKE PINES, FL 33027
9200 WILES ROAD
CORAL SPRINGS, FL 33067
9960 GLADES ROAD
BOCA RATON, FL 33434
2565 NE 10TH COURT
HOMESTEAD, FL 33033
18579 SOUTH DIXIE HWY
MIAMI, FL 33157
990 BROOKEFOREST AVE
SHOREWOOD, IL 60404
4151 TOWN CENTER BLVD
JEFFERSONVILLE, IN 47130
517 N. 3RD PLACE
MANHATTAN, KS 66502
1740 S.W. WANAMAKER ROAD
TOPEKA, KS 66604
2441 N MAIZE ROAD STE 1001
WICHITA, KS 67205
163 HIGHLAND AVENUE
NEEDHAM, MA 02494
SAUGUS, MA 01906
2340 E. SERENE AVE.
LAS VEGAS, NV 89123
7731 W. TROPICAL PKWY.
LAS VEGAS, NV 89149
10000 W. SAHARA AVE.
LAS VEGAS, NV 89117
1851 SUNRISE HWY.
BAY SHORE, NY 11706
1524 OLD COUNTRY ROAD
RIVERHEAD, NY 11901
1610 AVENUE Y
BROOKLYN, NY 11235
104 SUNRISE HIGHWAY W
PATCHOGUE, NY 11772
2170 N. PERKINS ROAD
STILLWATER, OK 74075
1670 24TH AVE. N.W.
NORMAN, OK 73069
1087 W. BALTIMORE PIKE
MEDIA, PA 19063
240 UPLAND SQUARE DRIVE
POTTSTOWN, PA 19464
816 W. MCDERMOTT DRIVE
ALLEN, TX 75013
5301 BELT LINE ROAD
DALLAS, TX 75254
3194 FM 407
HIGHLAND VILLAGE, TX 75077
5177 ELDORADO PKWY.
FRISCO, TX 75033
690 AMERICAN WAY
TERRELL, TX 75160
4. 4. Recurring Payment Processing, Billing and Auto Renewal.
WHEN YOU SIGN UP FOR A SUBSCRIPTION, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU ARE SIGNING UP FOR AN ANNUAL SUBSCRIPTION PROGRAM AND THAT EACH MONTH PETCO WILL CHARGE THE CURRENT APPLICABLE MONTHLY FEE (PLUS APPLICABLE TAXES AND CHARGES) BASED ON THE ANNUAL TERM TO THE CREDIT OR DEBIT CARD YOU DESIGNATE FOR THE ANNUAL TERM, OR THAT YOU DESIGNATE FOR YOUR PALS REWARDS ACCOUNT UNDER THE SUBSCRIPTION TAB, OR THAT YOU OTHERWISE HAVE ON FILE WITH PETCO. YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOUR SUBSCRIPTION IS CONTINUOUS UNTIL YOU CANCEL IT OR WE SUSPEND OR STOP PROVIDING IT FOR ANY REASON.
YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW ON AN ANNUAL BASIS, UNLESS CANCELLED IN ACCORDANCE WITH THE CANCELLATION POLICY BELOW (SECTION 5).
The charge for the monthly Subscription fee will be billed to the primary payment method you provide when signing up for your Subscription. If we are unable to complete your Subscription monthly fee payment with the payment method provided, we will notify you through the email address associated with your Subscription. If we are unable to get an updated payment method, your Subscription will be cancelled and will remain inactive until you resume your Subscription in the Subscription page or through a customer service representative, and provide an updated payment method for recurring payments. Petco is not responsible for any fees or charges issued by the customer’s financial institution. In the event of a returned or voided payment, Petco will directly charge the card on file for overdue balances.
You can view the order date, order number, and the order total for your Subscription monthly fee in the Order History tab of your Petco.com “My Account” page.
As referenced above, your Subscription will automatically renew on an annual basis, until you cancel.
YOU MAY CANCEL YOUR SUBSCRIPTION ONLINE AT ANY TIME BY EMAILING VITALCARE@PETCO.COM OR CALLING PETCO VITAL CARE CUSTOMER SERVICE AT (858) 657-2035. YOU MAY ALSO CANCEL BY VISITING THE VITAL CARE TAB IN YOUR PALS REWARDS ACCOUNT SETTING ON PETCO.COM, OR BY FOLLOWING THE INSTRUCTIONS IN THE PETCO APP. CANCELLATION OF YOUR ANNUAL SUBSCRIPTION WILL APPLY AT THE END OF YOUR TERM AND YOUR SUBSCRIPTION TERM WILL NOT BE RENEWED.
After cancellation, you will have access to all Subscription benefits and continue to be responsible for payment of the applicable monthly fee throughout the remainder of your annual Subscription term. Cancellations must be made before the annual anniversary processing date identified in your Petco Vital Care page and will be effective as of your annual anniversary processing date.
6. Termination by Petco
We will collect applicable taxes on the Subscription for which we determine we have a duty to collect such taxes. Taxes and any other charges are separate from the base price of the Subscription.
8. Pals Rewards Enrollment
If you are not already a Pals Rewards member, you will be required to become a Pals Rewards member when you sign up for the Subscription, and you will begin receiving Pals Rewards offers via email. Details about our Pals Rewards Membership can be found at www.petco.com/pals-rewards.
We do not offer full or partial refunds for our Subscription program, except as specifically set forth herein.
10. Subscription Changes
Petco reserves the right to cancel or modify the Subscription and/or any of these Vital Care Terms at any time, including, without limitation, to modify the applicable monthly Subscription fee, to modify benefits included, and/or to change benefit fulfillment processes, after your initial month. Petco will provide you with notice of any change in the applicable monthly Subscription fee or any other material change by sending an email to the email address registered with your Subscription. If you do not agree with the change, you may cancel your Subscription as set forth below. If you do not cancel your Subscription after the change takes effect and prior to the start of your new Subscription period, your Subscription will be renewed at the price and terms in effect at the time of the renewal, without any additional action by you, and you authorize us to charge your payment method for these amounts.
All copyrights, trademarks, trade dress, other intellectual property and materials, including page headers, images, text, illustrations, formats, logos, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials (collectively, the “IP”) from the Site and associated with the Subscription, are owned, controlled, or licensed by Petco, its affiliates, or by third parties who have licensed their materials to Petco and are protected by U.S. and international trademark and copyright laws. You may access, view, download, and print the IP and all other materials displayed on the Site for your personal, non-commercial use only; provided, however, that you (1) retain all copyright, trademark or other proprietary designations contained on all IP; (2) do not modify or alter the IP in any way; and (3) do not provide or make available the IP to any third party in a commercial manner. No license, right, title or interest in any materials or software is transferred to you as a result of your use of the Site or your accessing, viewing, downloading, or printing of the IP. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell, or participate in any sale of or exploit in any way, in whole or in part, any of the IP, the Site or any related software.
12. International Use
We control and operate the Subscription from our offices in the United States. We do not represent that Subscription materials on the Site are appropriate or available for use outside the United States. Those who choose to access the Subscription from outside the United States do so voluntarily and are responsible for complying with their local laws.
To the maximum extent permitted by applicable law, you hereby agree to defend, indemnify, and hold Petco and its respective officers, directors, employees, agents, information providers, licensors and licensees, and partners, harmless from and against any and all claims, losses, actions, demands, liabilities, damages, costs, and settlements including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Subscription or your violation of this Agreement. You shall cooperate with us in the defense of any such claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder.
14. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, INCLUDING NEGLIGENCE OR STRICT LIABILITY, CONTRACT, WARRANTY, STATUTE, OR OTHERWISE, SHALL PETCO OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS, OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE SUBSCRIPTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, OR ACCURACY OF RESULTS, EVEN IF AN AUTHORIZED REPRESENTATIVE OF PETCO HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PETCO’S MAXIMUM AGGREGATE LIABILITY EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE FEES PAID BY YOU FOR YOUR SUBSCRIPTION DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
THE SUBSCRIPTION IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. PETCO DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
15. Mandatory Dispute Resolution
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY PRE-DISPUTE RESOLUTION, BINDING ARBITRATION AND A CLASS ACTION WAIVER.
IRRESPECTIVE OF ANY LAW TO THE CONTRARY, YOU MUST PROVIDE NOTICE TO PETCO, PURSUANT TO THE PROCEDURES SET FORTH IN THIS SECTION, OF ANY CLAIM WITHIN ONE YEAR OF ITS ACCRUAL OR YOUR CLAIM SHALL BE WAIVED AND TIME-BARRED.
Pre-Dispute Resolution Process: Should you and Petco have a Dispute (as defined below), Petco is committed to engaging with you to resolve it. Therefore, for any Dispute that arises between you and Petco, the parties agree that they will first make a good faith effort to resolve it informally. This informal dispute resolution process is a condition precedent to commencing any formal proceeding in arbitration or small claims court. The parties agree that any relevant limitations period and filing fee or other deadlines will be tolled while the parties engage in this process.
For your Disputes with Petco, you must first send your name, address, telephone number, email address, and sufficient information for Petco to identify any transaction at issue; a detailed description of your Dispute; and the nature and basis of your claims and the relief sought to the following email address: firstname.lastname@example.org. You and Petco agree to negotiate in good faith about the Dispute, including through an informal and individualized telephone conference between you and Petco. If either party to the Dispute is represented by counsel, that party’s counsel may participate, but the party also must personally appear at and participate in the conference. This process should lead to resolution of the Dispute, but if the matter is not resolved within sixty (60) days after Petco’s receipt of the written description detailed above, you and Petco agree to the further dispute resolution provisions below. This time period will start to run upon receipt of the information referenced above.
Arbitration: You and Petco agree that any and all controversies, disputes, demands, counts, claims, or causes of action between you and the Company, or the Company's employees, agents, affiliates, subsidiaries, successors, representatives, or assigns (“Dispute(s)”), shall be resolved through binding and confidential arbitration, except that you or the Company may elect to have a Dispute heard in small claims court if it qualifies for hearing by such a court. In addition, each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights. “Dispute” shall be interpreted broadly and shall also include all Disputes that arose before your agreement to these Vital Care Terms, and which arise after the termination of this agreement. Notwithstanding the foregoing, issues related to the scope, validity, and/or enforceability of this arbitration agreement are for a court to decide.
There is no judge or jury in arbitration and arbitration procedures are simpler and more limited than rules applicable in court. YOU ACKNOWLEDGE AND AGREE THAT, APART FROM THE NARROW EXCEPTIONS ABOVE, YOU AND PETCO ARE EACH WAIVING YOUR RIGHTS TO SUE IN COURT, INCLUDING RIGHTS TO RECEIVE A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING.
THE ARBITRATOR MAY AWARD DECLARATORY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM. THE ARBITRATOR MAY NOT AWARD RELIEF FOR OR AGAINST ANYONE WHO IS NOT A PARTY TO THE ARBITRATION PROCEEDING. FURTHER, UNLESS BOTH YOU AND PETCO AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. IF A COURT DETERMINES THAT PUBLIC INJUNCTIVE RELIEF MAY NOT BE WAIVED AND ALL APPEALS FROM THAT DECISION HAVE BEEN EXHAUSTED (OR THE DECISION IS OTHERWISE FINAL), THEN THE PARTIES AGREE THAT THE PARTICULAR CLAIM FOR PUBLIC INJUNCTIVE RELIEF SHALL BE SEVERED AND STAYED PENDING ARBITRATION OF THE REMAINING CLAIMS. IF THIS SPECIFIC PARAGRAPH IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS ARBITRATION PROVISION (EXCEPT FOR THE JURY TRIAL WAIVER) SHALL BE NULL AND VOID.
Arbitration shall be subject to the Federal Arbitration Act and federal arbitration law, and shall be conducted by Judicial Arbitration Mediation Services, Inc. (“JAMS”) pursuant to the JAMS Streamlined Arbitration Rules & Procedures (the "JAMS Rules") as modified by this arbitration agreement. The JAMS Rules, including instructions for bringing arbitration, are available on its website at www.jamsadr.com/rules-streamlined-arbitration. If JAMS is unable to administer a proceeding under this arbitration provision as written, the parties shall agree on a substitute arbitration organization. If the parties cannot agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will administer a proceeding under this arbitration provision as written and applying the selected arbitration organization’s consumer rules. Petco will pay its arbitration costs as required by JAMS rules, and in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, Petco will pay as much of your arbitration filing and hearing fees as the arbitrator deems is necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation. Each side shall pay their own attorneys' fees, costs, and arbitration fees unless the arbitrator finds, among other grounds, (1) that either the substance of a claim or the relief sought is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), or (2) the claim(s) at issue permit the prevailing party to be reimbursed its fees and litigation costs, and in such instances, the fees and costs awarded shall be determined by the arbitrator consistent with applicable law and with the JAMS Rules. The arbitrator may consider whether a party had previously offered full relief to the other party or whether the proceeding is part of multiple case filings.
The arbitration may be conducted by telephone, based on written submissions, or in person at a mutually agreed-upon location convenient for you. You agree to appear at an initial conference with the arbitrator and at any hearing, along with your counsel if you are represented.
As referenced above, this dispute resolution section shall be governed by the Federal Arbitration Act. It shall survive any termination or cancellation of these Vital Care Terms. Any amendments to this dispute resolution section shall be prospective only and shall not affect any pending Dispute for which Petco has notice or pending arbitration proceeding. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND PETCO ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND TO PARTICIPATE IN A CLASS ACTION TO THE MAXIMUM EXTENT PERMITTED BY LAW.
OPT-OUT OF AGREEMENT TO ARBITRATE: Petco’s updates to these Vital Care Terms do not provide you with a new opportunity to opt out of arbitration if you previously agreed and did not validly opt out of arbitration. Petco will continue to honor any valid opt outs if you previously opted out of arbitration with Petco. To opt out of arbitration, you must send a notice via U.S. Mail to Petco at: Petco Legal Department, 10850 Via Frontera, San Diego CA 92127, or via email to email@example.com, and you must provide the following information: (1) your name, (2) your address, (3) your phone number, and (4) a clear statement that you wish to opt out of this arbitration provision. This opt-out notice must be received no later than thirty (30) days after the date you first become subject to this arbitration agreement. If you opt out of this agreement to arbitrate, all other provisions of these Vital Care Terms will continue to apply to you. Opting out has no effect on any other arbitration agreements that you may have entered into with Petco or may enter into in the future with Petco.
16. Choice of Law/Forum Selection
This Agreement will be governed in accordance with the laws of the State of California without regard to its conflict of law provisions, unless the laws of your jurisdiction require that those laws apply. To the extent that any claims could be brought in court and except with respect to matters that can be heard in small claims court, you and Petco hereby expressly consent and submit to the exclusive jurisdiction of the state and federal courts located in the Southern District of California for the adjudication or disposition of any claim, action or dispute arising out of the Subscription or this Agreement. The Federal Arbitration Act will govern the interpretation and enforcement of the arbitration agreement in Section 15.
The failure of Petco to partially or fully exercise any rights or the waiver of Petco of any breach of this Agreement by you shall not prevent a subsequent exercise of such right by Petco or be deemed a waiver by Petco of any subsequent breach by you of the same or any other term in this Agreement. The rights and remedies of Petco under this Agreement and any other applicable agreement between you and Petco shall be cumulative, and the exercise of any such right or remedy shall not limit any of Petco’s other rights or provisions. You confirm that, in agreeing to accept this Agreement, you have not relied on any representation except as expressly set forth in this Agreement and you agree that you shall have no remedy with respect to any such representation not included in this Agreement.
Except as provided in Section 15, each provision of this Agreement shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in the circumstances.
The provisions relating to Ownership, Indemnity, Limitation of Liability, Mandatory Dispute Resolution, and Choice of Law/Forum Section shall survive any termination of this Agreement.
20. General Disclaimers
Excluding any content that may be submitted by Site users from time to time, we strive to ensure that the Subscription information on the Site is complete and reliable. Certain information may contain pricing errors, typographical errors and other errors or inaccuracies, which we may correct without liability or notice. We do not guarantee that all Subscription products or services will be available.