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Petco Vital Care Terms and Conditions

Petco Vital Care Terms & Conditions

Effective Date: September 29, 2020

PLEASE NOTE: THESE TERMS AND CONDITIONS CONTAIN AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT AFFECT YOUR RIGHTS. THE WAIVER AFFECTS HOW DISPUTES WITH THE COMPANY ARE RESOLVED. BY ACCEPTING THESE TERMS OF USE, 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 IT CAREFULLY.

These Petco Vital Care (formerly known as Petco Core Care) Terms & Conditions (this "Agreement"), entered into between you and Petco Animal Supplies, Inc. and its subsidiaries and affiliates (collectively, "Petco", "we" or "us"), govern Petco Vital Care ("Subscription") and our respective rights and obligations. By purchasing the Subscription, you agree to abide by and be bound to the provisions of this Agreement (as may be modified by Petco from time to time). Additionally, your access and use of the Petco.com website (the "Site"), the Subscription and/or any services rendered by Petco, any Petco Grooming Salons, Petco Onsite Veterinary Partner and/or Vetco Clinics are also governed by the Petco Terms of Use and Privacy Policy, as well as all other applicable terms, conditions, limitations, and requirements on the Site, all of which (as modified by Petco from time to time) are incorporated into this Agreement by reference.

  1. Subscription Offer & Benefits. The Subscription is a program for dog and cat owners as detailed below and which includes the following correlating benefits available to you and your dog and/or cat on an annual basis while enrolled:

    • i. Welcome Gift.

      Upon enrolling in the Subscription program, you will receive a welcome gift. This gift will be available on your account upon enrollment in Petco Vital Care, and can be redeemed at any time during your subscription. Welcome gift may vary from time to time in Petco's sole discretion with current selections available at Petco.com/vitalcare.

    • ii.At the Salon.

      a. Unlimited nail trims. AVAILABLE FOR DOGS ONLY. Unlimited nail trims salon service at Petco Grooming Salon locations. Benefit is limited to the individual nail trim service and packages including nail trims are not included.

      b. Unlimited teeth brushing. AVAILABLE FOR DOGS ONLY. Unlimited teeth brushing salon service Petco Grooming Salon locations. Benefit is limited to the individual teeth cleaning service and packages including teeth brushing or teeth cleaning are not included.

    • iii. At On-Site Veterinary Partner. Unlimited vet exams at participating Petco On-Site Veterinary Partners. Petco On-Site Veterinary Partners are identified in Section 3 below. Exam visit fee is waived. Fees apply for additional services, tests and/or medications which may be requested during vet exam.

    • iv. At Vet-of-Choice. Up to $70 in Pals Rewards Dollars delivered to you in connection with exam visits with your vet of choice. Up to two (2) exam visits to vet of choice are eligible, with $35 in Pals Rewards made available to you following each such 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. We are unable to accept handwritten receipts or receipts for items/services provided by unlicensed veterinarians.

    • v. In the Store.

      a. Pals Rewards. Up to One Hundred Twenty (120) Pals Rewards Dollars, at a rate of Ten (10) Pals Rewards Dollars per month, will be delivered to you on a monthly basis Pals Rewards will follow the current Pals expiration and usage terms set forth in the Pals Terms & Conditions.

  2. Conditions

    • a. Subscription benefits are valid only for those services identified in Section 1 at Petco locations.

    • b. 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 Member number may only be associated with one Petco.com or PALS account. However, multiple Subscriptions may be applicable to a Petco.com or PALS account if a household enrolls in individual Subscriptions for each pet in such household.

    • c. To claim a Subscription discount, or for any other Subscription benefit to apply, the Subscription account must be active and in good standing at the time of purchase. Subscribers will not be reimbursed retroactively for purchases made without an active and available Subscription at the time of purchase.

    • d. Neither Subscription nor any Subscription benefits are eligible for any coupons, promotional offers or for any corporate or prearranged group discounts, unless specifically stated in writing on the coupon or the promotional document. For example, Subscription discounts cannot be used in conjunction with employee discounts or when paired with any other services (such as with any Pick-3 or other grooming packages).

  3. Locations. Subscription is offered at all Petco retail locations, each of which have a Petco Grooming Salon. Petco Onsite Veterinary Partners are currently at the locations listed below. Search by specific store to see updated Petco Grooming Salon, Petco Onsite Veterinary Partners and Vetco Clinic information and hours/schedule as applicable here: https://stores.petco.com/ Participating Petco retail stores and Onsite Veterinary Partners are subject to change at any time.

    VETCO TOTAL CARE LOCATIONS

    ARKANSAS

    Store #1644
    4013 WEST WALNUT STREET
    ROGERS, AR 72756

    Store #1662
    20825 I-30
    BENTON, AR 72015

    CALIFORNIA

    Store #4502
    13375 POWAY ROAD
    POWAY, CA 92064

    Store #4501
    141 S. LAS POSAS ROAD
    SAN MARCOS, CA 92078

    FLORIDA

    Store #1587
    3551 W. HILLSBORO BLVD
    DEERFIELD BEACH, FL 33442
    Store #1780
    1009 E COMMERCIAL BLVD
    OAKLAND PARK, FL 33334

    Store #2512
    15895 PINES BLVD Pines Blvd
    PEMBROKE PINES, FL 33027

    Store #2549
    9200 WILES RD
    CORAL SPRINGS, FL 33067

    KANSAS

    Store #1673
    517 N. 3RD PLACE
    MANHATTAN, KS 66502

    Store # 1692
    1740 SW WANAMAKER RD SUITE 500
    TOPEKA, KS 66604

    NEVADA

    Store # 531
    2340 E. SERENE AVE.
    LAS VEGAS, NV 89123

    Store #1105
    7731 WEST TROPICAL PARKWAY
    LAS VEGAS, NV 89149

    Store # 2128
    10000 WEST SAHARA AVE SUITE 120
    LAS VEGAS, NV 89117

    NEW YORK

    Store #1746
    1524 OLD COUNTRY RD
    RIVERHEAD, NY 11901

    Store # 1862
    1610 AVE Y
    BROOKLYN, NY 11235

    OKLAHOMA

    Store #1465
    2170 NORTH PERKINS RD
    STILLWATER, OK 74075

    Store # 1484
    1670 24TH AVE NW
    CLEVELAND, OK 73069

    PENNSYLVANIA

    Store #3840
    1087 W BALTIMORE PIKE SUITE A
    MEDIA, PA 19063

    TEXAS

    Store #493
    816 W MCDERMOTT DR SUITE 308
    ALLEN, TX 75013

    Store # 1464
    5301 BELT LINE RD NO.106
    DALLAS, TX 75254

    Store #1470
    3194 FM 407
    HIGHLAND VILLAGE, TX 75077

    Store #1486
    5177 ELDORADO PKWY
    FRISCO, TX 75033

  4. Recurring Payment Processing & Billing. By signing up for the Subscription, you understand and agree that you are purchasing an annual subscription program, and that each month, Petco will charge the credit or debit card you designate when you first sign up (or the card you subsequently designate for your account under the Subscription tab within your My Account page or through a customer service representative, or other cards you have on file with Petco) the $19 monthly fee (plus applicable taxes) throughout the applicable remaining term of your Subscription. See Section 9.

    • a. You can view the order date, order number, and the order total of your Subscription monthly fee in the Order History tab of your Petco My Account page anytime.
    • b. The charge for the monthly Subscription fee will be billed to the primary payment method identified upon signup. 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 the recurring payments. Petco is not responsible for any fees or charges issued by the customer's bank. In case of a returned or voided payment Petco will directly charge the card on file for overdue balances.
  5. Taxes. We will collect applicable taxes on the Subscription for which we determine we have a duty to collect such taxes.

  6. Pals Enrollment. If you are not already a Pals member, you will be required to become a Pals member when you sign up for the Subscription and will begin receiving Pals offers via email. Details about our Pals Membership can be found at https://www.petco.com/pals-rewards. By signing up for the Subscription, you also agree to accept and abide by Petco's Pals loyalty program Terms and Conditions.

  7. Returns/Exchanges. We do not offer full or partial refunds for our Subscription program (except as specifically set forth herein). Services included as part of your monthly Subscription cannot be individually credited.

  8. Subscription Change. Petco reserves the right to cancel or modify the Subscription and/or any of these Subscription 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. If you do not agree with the change, you may cancel your Subscription at any time as set forth below.

  9. Cancellation. Your Subscription will automatically renew on an annual basis, until you cancel.

    • a. You can cancel your Subscription or have questions answered regarding cancellation by calling our Petco Vital Care Customer Care at 858-657-2035 or by emailing VitalCare@petco.com. You can also visit the Vital Care tab in your Account settings on petco.com or in the Petco App to cancel.
    • b. If you cancel a 12-month term commitment, cancellation will prevent auto-renewal at the end of your 12-month term. 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 result in termination effective as of your next annual anniversary processing date. If you cancel after your annual anniversary processing date identified in your Petco Vital Care page, you will continue to be charged the applicable monthly fee for the remainder of the applicable annual term until the following annual anniversary processing date. Petco Vital Care offers subscribers significant discounts under an annual Subscription agreement. Under the 12-month commitment, you are responsible for paying monthly fees each month in the remainder of the term and can enjoy Subscription benefits during that period.
  10. Termination by Petco. We reserve the right to revoke or cancel your Subscription for any reason at any time, including as a result of violation of this Agreement or violation of any other applicable terms and conditions found on the Site, with or without notice and without any liability. If we do so, you will only be charged for Monthly Fees applicable during the term of your Subscription.

  11. Ownership. 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") are owned, controlled or licensed by Petco, one of 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 Site from the United States. We make no representation that materials on the Site are appropriate or available for use outside the United States. If you choose to access the Site from outside the United States, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

  13. Indemnity. You agree to indemnify, hold harmless, and defend Petco, its parents, vendors, subsidiaries, divisions and affiliates, and their respective officers, directors, employees, agents and affiliates from any and all claims, liabilities, damages, costs and expenses of defense, including attorneys' fees, in any way arising from or related to your access and use of the Site and the Subscription or your violation of this Agreement, any applicable law or the rights of any third party.

  14. Limitation of Liability. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY 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, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE OR 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. SUBJECT TO THE FOREGOING, IN NO EVENT WILL PETCO BE LIABLE TO YOU FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU FOR YOUR SUBSCRIPTION DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.

  15. Dispute Resolution. If a dispute should arise between you and Petco, we want to provide you with a resolution that is efficient and cost effective by using our customer service team. Almost all customer service disputes can be resolved to the customer's satisfaction by using our customer service, reachable by calling 858-657-2035 or emailing VitalCare@petco.com. If your dispute cannot be resolved using our customer service team, the following terms under the Mandatory Agreement to Arbitrate on an Individual Basis; Class Action Waiver describe how we will proceed with the resolution of the dispute.

  16. Mandatory Agreement to Arbitrate on an Individual Basis; Class Action Waiver. 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 BINDING ARBITRATION AND A CLASS ACTION WAIVER.

    Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, count, claim, or cause of action) between you and Petco or Petco's employees, agents, affiliates, successors, or assigns ("Dispute"), shall exclusively be settled through binding and confidential arbitration, except that you or Petco may take claims to small claims court if the dispute 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 this Agreement and after the termination of this Agreement.

    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 are exhausted and final, then the parties agree that any claim for public injunctive relief will be severed and stayed pending arbitration of the remaining claims. If this specific paragraph is found to be unenforceable, then the entirety of this dispute resolution provision (except for the jury trial waiver) shall be null and void.

    Arbitration shall be subject to the U.S. 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 effective July 1, 2014 (the "JAMS Rules") and as modified by this Agreement to arbitrate. The JAMS Rules, including instructions for bringing arbitration, are available on its website at http://www.jamsadr.com/rules-streamlined-arbitration.

    Either party may initiate You and Petco must abide by these rules: (a) the arbitration shall be conducted on an individual basis and not in a class, consolidated or representative action and the arbitrator shall not award class-wide relief; (b) 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; (c) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law subject to the previous paragraph; and (d) each side pays his, her or its own attorneys' fees and costs unless the claim(s) at issue permit the prevailing party to be paid its fees and litigation costs, and in such instance, the fees and costs awarded shall be determined by applicable law. The arbitration may be conducted by telephone, based on written submissions, or in person at a mutually agreed upon location convenient for you.

    This dispute resolution section shall be governed by the Federal Arbitration Act. It shall survive any termination or cancellation of, or your participation in, the Subscription. If any dispute is found not to be arbitrable or otherwise proceeds in court, then ordinary choice of law rules will apply in any court proceeding in which the matter is adjudicated. Any amendments to this dispute resolution section shall be prospective only and shall not affect any pending dispute that Petco is aware of 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: You can decline this agreement to arbitrate by sending a notice via U.S. Mail to Petco at Petco Legal Department, 10850 Via Frontera, San Diego CA 92127, and providing the requested information as follows: (1) your name, (2) your address, (3) your phone number, (4) the URL containing the Mandatory Agreement to Arbitrate on an Individual Basis; Class Action Waiver provision for the Subscription, and (5) clear statement that you wish to opt out of this arbitration provision. This opt-out notice must be received no later than 30 days after the date you first accept the terms of this Agreement by signing up for the Subscription.

  17. Choice of Law/Forum Selection. This Agreement will be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law rules.

  18. Waiver. 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.

  19. Severability. The provisions of this Agreement are intended to be interpreted in a manner which makes them valid, legal, and enforceable. In the event any provision is found to be partially or wholly invalid, illegal, or unenforceable, such provision will be modified or restricted to the extent and in the manner necessary to render it valid, legal, and enforceable. It is expressly understood and agreed between the parties that such modification or restriction may be accomplished unilaterally by Petco, or alternatively, by disposition of an arbitrator or a court of law. If such provisions cannot under any circumstances be so modified or restricted, they shall be excised from this Agreement without affecting the validity, legality, or enforceability of any of the remaining provisions in this Agreement.

  20. Survival: Provisions in this Agreement that are meant to survive any expiration or termination of this Agreement will survive beyond any such expiration or termination, including, without limitation, Limitation of Liability, Choice of Law/Forum Selection, Dispute Resolution, and the Mandatory Agreement to Arbitrate on an Individual Basis; Class Action Waiver.

  21. General Disclaimers. Excluding any content that may be submitted by Site users from time to time, we strive to ensure that the 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 products described on our Site or the Subscription will be available.

  22. Entire Agreement. This Agreement represents the complete agreement between the parties and supersedes all prior agreements and representations between them. Headings used in this Agreement are for reference purposes only and in no way define or limit the scope of the sections.