Petco Vital Care Terms & Conditions
Effective Date: September 29, 2020
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.
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).
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
4013 WEST WALNUT STREET
ROGERS, AR 72756
BENTON, AR 72015
13375 POWAY ROAD
POWAY, CA 92064
141 S. LAS POSAS ROAD
SAN MARCOS, CA 92078
3551 W. HILLSBORO BLVD
DEERFIELD BEACH, FL 33442
1009 E COMMERCIAL BLVD
OAKLAND PARK, FL 33334
15895 PINES BLVD Pines Blvd
PEMBROKE PINES, FL 33027
9200 WILES RD
CORAL SPRINGS, FL 33067
517 N. 3RD PLACE
MANHATTAN, KS 66502
Store # 1692
1740 SW WANAMAKER RD SUITE 500
TOPEKA, KS 66604
Store # 531
2340 E. SERENE AVE.
LAS VEGAS, NV 89123
7731 WEST TROPICAL PARKWAY
LAS VEGAS, NV 89149
Store # 2128
10000 WEST SAHARA AVE SUITE 120
LAS VEGAS, NV 89117
1524 OLD COUNTRY RD
RIVERHEAD, NY 11901
Store # 1862
1610 AVE Y
BROOKLYN, NY 11235
2170 NORTH PERKINS RD
STILLWATER, OK 74075
Store # 1484
1670 24TH AVE NW
CLEVELAND, OK 73069
1087 W BALTIMORE PIKE SUITE A
MEDIA, PA 19063
816 W MCDERMOTT DR SUITE 308
ALLEN, TX 75013
Store # 1464
5301 BELT LINE RD NO.106
DALLAS, TX 75254
3194 FM 407
HIGHLAND VILLAGE, TX 75077
5177 ELDORADO PKWY
FRISCO, TX 75033
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.
Taxes. We will collect applicable taxes on the Subscription for which we determine we have a duty to collect such taxes.
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.
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.
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.
Cancellation. Your Subscription will automatically renew on an annual basis, until you cancel.
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.
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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.
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.
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.
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.
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.
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.
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.
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.
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.
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.