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Effective Date: June 22, 2026
Petco Animal Supplies Stores, Inc. (“Petco,” “we,” “us,” or “our”) offers customers the ability to earn points on purchases made in our stores or on our website that may be used toward future purchases through the Petco Perks Program (the “Petco Perks Program” or “Program”). These Terms and Conditions (the “Petco Perks Terms” or “Terms”) govern our respective rights and obligations with respect to your participation in the Program. These Terms govern your participation in the Program and supersede previous versions of the Terms.
Your enrollment and continued participation in the Program constitutes your agreement to these Terms, as may be modified from time to time, as well as Petco's Terms of Use, and Privacy Policy, and any other specific programs referenced herein, which are incorporated into these Terms. Petco reserves the right to modify or discontinue the Program at any time without notice. If you do not agree with these Terms, you are not permitted to sign up for or participate in the Program.
The Program is distinct from the Petco Perks Premier subscription program and is an extension of the program previously known as the Petco Perks Program.
Select top tab for Petco Perks Premier Terms & Conditions.
PLEASE NOTE: THIS AGREEMENT CONTAINS A MANDATORY DISPUTE RESOLUTION SECTION WITH AN ARBITRATION AGREEMENT, CLASS ACTION WAIVER, AND JURY TRIAL WAIVER THAT AFFECT YOUR RIGHTS. THE MANDATORY DISPUTE RESOLUTION SECTION AFFECTS HOW DISPUTES WITH PETCO ARE RESOLVED. YOU AGREE TO BE BEOUND BY THE MANDATORY DISPUTE RESOLUTION SECTION, INCLUDING THE ARBITRATION AGREEMENT THEREIN. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT. PLEASE READ THESE TERMS CAREFULLY.
By signing up for a free Petco Perks account (“Account”), customers earn points (“Point(s)”) on eligible purchases at any Petco retail store; online at Petco.com; and/or via the Petco mobile app (the “App”) that can be used toward future purchases.
No purchase is necessary to create an Account and become a member ("Member") of the Program. Members shall provide their contact information upon signing up for the Program and agree to receive Petco Perks benefits, as well as account and transactional communications via email. Member must be 18 years of age or older to participate. More information on the collection and use of your personal information as part of this Program is available in the Petco Privacy Policy.
While only one Account is permitted per customer, we may connect accounts that share the same street address and last name into a household that allows Members to combine Points (a “Household”). To connect Accounts, please contact us as provided in these Terms. Outside of a Household, Members are not permitted to use a single account for the purpose of accumulating or aggregating rewards for combined use, unless such use is expressly permitted by Petco.
Earning Points. Members will earn ten (10) Points for every dollar ($1.00 USD) spent on merchandise that is not affiliated with Petco Brands, as defined below, or Petco services at any Petco retail store; online at Petco.com; and/or via the App. Members will earn thirty (30) Points for every dollar ($1.00 USD) spent on merchandise from Petco private label brands (“Petco Brands”). Petco Brands include, but are not limited to, Petco, WholeHearted, So Phresh, Reddy, Good Lovin’, Well & Good, Imagitarium and Healthy Select. Determination of whether merchandise is affiliated with Petco Brands for the purposes of the Program will be made in Petco’s sole discretion. The number of Points that a Member earns on each eligible purchase will be rounded to the nearest dollar. For example, if a Member purchases $9.45 worth of eligible non-Petco Branded merchandise or services, the Member will be awarded 90 Points, whereas if a Member purchases $9.55 worth of eligible products, the Member will earn 100 Points.
Points are earned on all eligible transactions completed at any Petco retail store where the Member provides their account information or phone number at check-out; online at Petco.com; and/or via the App, where Member is logged in. Purchases made by Members to buy Gift Cards, donations made by Members to Petco Love or other charities (both monetary donations and donations through the purchase of specific merchandise), as well as any and all fees (including but not limited to shipping, membership, insurance, tips, bag fees and vet administrative fees) and taxes are not eligible to earn Points. The accrual of Points is based on total Member spending at any Petco retail store; online at Petco.com; and/or via the App excluding those purchases, taxes, and fees not eligible to earn Points and excluding coupons or promotions.
If a Member believes that an eligible purchase was not credited correctly to their account, they may contact Petco Customer Relations at 888-824-7257, option 1. Requests must be received by Petco Customer Relations within forty-five (45) days from the date of the purchasing or earning activity in question. Written requests should include the Member's name, Petco Perks number, address, daytime telephone number, and/or e-mail address. Failure to supply adequate and unaltered documentation may result in a denial of Points.
Petco may present additional opportunities from time to time for Members to earn Points by engaging in non-purchase behavior online, including, but not limited to, completing a Member profile or answering a survey, with Points increments varying at Petco's discretion.
Redeeming Points. Every 1,000 Points will be redeemable for $1 on an eligible future purchase. Members may elect to redeem a specified number of Points toward an eligible purchase in specified increments.
To use Points toward an eligible purchase at a Store, Members must provide their Petco Perks number at checkout and elect to redeem a specified number of Points toward an eligible purchase. For eligible purchases at Petco.com or via the App, Members must be logged into their Account and elect to redeem a specified number of Points toward an eligible purchase. Members are responsible for maintaining accurate and up-to-date contact information online in their Account or within the App.
Points may be displayed in the Member's Account at and/or in the App.
Points cannot be redeemed in full or in part for cash, gift cards or gift certificates. Petco is not responsible for lost or stolen Points. Points cannot be redeemed at Just Food For Dogs Kitchens, or at any third-party partner. Points will be applied prior to any coupons at point of sale.
Points Return Policy. If a Member returns merchandise that was purchased with Points, the returned value of the merchandise to the provided payment method will only equal the total cash or credit originally charged. Additionally, the Member’s account will be credited the Points used for the purchase. Points earned on a purchased item that is later returned or exchanged may be deducted from the Member's Account balance and may cause a negative Points balance. If, for any reason, Member or Petco returns or cancels an order that was paid in whole or in part using Points, Petco will return the applicable value of the Member's Points back to their Account.
Limits and Expiration. There is no limit to the amount of Points that Members can accrue. Points generally expire 365 days after the date of issuance, subject to any account activity requirements in place at the time of issuance or specific limitations for promotional offers. Petco may from time to time offer the opportunity to earn Bonus Points in addition to the standard earn rates noted above. Bonus Points are subject to expiration based on the terms set forth in the offer. Once expired, Points cannot be redeemed or recovered. If a Member's Account is inactive for 365 days, all Points accumulated will be forfeited and the Member’s Point balance will reset to zero. A Member's Account is considered inactive when there have been no new eligible purchases posted to the Account for 365 days. Points forfeited due to inactivity will not be returned.
Any Rewards accumulated under previous versions of the Program will be converted to the equivalent value based on the current Terms of the Program. Any Points accumulated under previous versions of the Petco Perks Program or Subscriptions will be converted as specified at the time of conversion and subject to redemption based on the current Terms of the Program. The date of issuance for converted Points or Rewards will be the date of conversion for expiration purposes.
Birthday Gift. Each year your pet will receive a birthday gift on or around the birthday listed in their pet profile. Your enrolled pet’s birthday must be in your pet’s profile 10 days before the pet’s birthday to receive a birthday gift. Birthday gifts will vary, but may include, toys, treats, Points, or promotional codes for shopping. Birthday gifts may be emailed or mailed to the address listed in your enrolled pet’s profile or otherwise provided by any method in Petco’s sole discretion. Must be opted in to marketing emails to receive the birthday gift. If you are not opted in to marketing emails and want to receive the birthday gift, you can opt in by changing your communication preferences in your Account.
General Terms of Participation
By signing up for an Account, Members agree to and are obligated to comply with these Terms. Member's continued participation in the Program, including use of an Account and Points, shall indicate Member's acceptance of these Terms.
Fraud or abuse relating to the registration process, providing of personal information, or redemption of Points is a violation of these Terms. Members are solely responsible for any fraudulent use that may occur due to the theft of or sharing of a Member’s password. Members agree to immediately notify Petco using the contact information provided herein of any unauthorized use of their account or any other breach of security known to them. The Program is a service provided to an individual Member, not a company or other entity, and a company or other entity may not direct, encourage or allow individuals to participate for anything other than individual use. As provided in more detail in Section 3 (below), Petco reserves the right to terminate or suspend a Member’s participation in the Program and/or void a Member’s Points if any Member engages in fraudulent activity or otherwise uses this Program other than in accordance with these Terms and applicable law.
Petco is not responsible for Points not received or redeemed as a result of Member's failure to provide an accurate email address and/or update Member's contact information.
Petco may email Member regarding the Program from time to time, including but not limited to providing Member Account statements, notifications, and/or other transactional information. Member consents to these email notifications which are required as part of Program. Member consents to receive these emails at any time of day to the fullest extent allowable by applicable law. Members may opt-out of promotional email messages anytime at Petco.com, petco.com/Petcoperks or within the App. Petco Perks is continuous and no subsequent registration is required.
Points do not have any cash value outside of their applicability to eligible Petco purchases. Points do not accrue interest and cannot be redeemed for cash. Points do not constitute property, and Members who have accumulated them have no ownership or other legal interest therein for any purpose.
Points are not assignable, saleable, transferable, replaceable.
Petco reserves the right to modify the Program and/or these Terms at any time. These Terms are posted at Petco.com and are subject to change without notice. Any changes to these Terms will be effective immediately. As such, Members should check the Petco website from time to time to review these Terms. IF YOU DO NOT AGREE TO CHANGES TO THESE TERMS, YOU MUST SUSPEND YOUR USE OF YOUR MEMBERSHIP.
Petco maintains the right to terminate Member's participation in the Program at any time, without cause and without notice to Members. Upon termination, Member will forfeit any accumulated Points and no other compensation will be provided.
Member releases Petco Animal Supplies Stores, Inc., its affiliate entities, and respective officers, directors, employees and agents from and against any and all liability relating to Member's Petco Perks membership and/or these Terms.
Petco's Terms of Use and Privacy Policy shall apply to your participation in the Program and Petco’s collection and use of your personal information collected related to the Program.
California and Colorado Residents
If you are a resident of California or Colorado, the table in Section 1 of our Privacy Policy describes the categories of personal information that we collect and process for targeted advertising via the Petco Perks, Petco Perks Plus, and Petco Perks Premier programs. Section 6 of the Privacy Policy describes the categories of third parties that receive personal information as a result of your participation in the Petco Perks, Petco Perks Plus, and Petco Perks Premier programs. In addition, Section 6 of the Privacy Policy discloses how we share certain information with data brokers to supplement or verify our customer records and improve our marketing. Third parties that provide benefits to our Members, and the benefits made available to Members, change regularly and frequently. For questions about benefits provided by third parties, please contact Customer Care at https://www.petco.com/contact-us. If you request deletion of your personal information under applicable privacy laws, we cannot maintain your membership in the Petco Perks, Petco Perks Plus, or Petco Perks Premier programs, because we need your contact information in order to issue and deliver the rewards, credits and perks you earn under the programs.
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 A MANDATORY EARLY RESOLUTION PROCESS, BINDING ARBITRATION, A CLASS ACTION WAIVER, AND A JURY TRIAL WAIVER.
Arbitration Agreement:
Any dispute or claim arising out of or relating to these Petco Perks Terms & Conditions, your use of the Services, or your relationship with Petco or any past, present, or future subsidiaries, parents, affiliates, employees, officers, directors, agents, successors, representatives, or assigns, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory (each a “Dispute”) will be resolved through binding individual arbitration (with limited exception) as set forth in these Petco Perks Terms & Conditions. Notwithstanding the foregoing, either you or Petco may initiate a Dispute in or take a Dispute to small claims court, so long as that Dispute is not removed or appealed to a court of general jurisdiction. Whether a Dispute falls within the jurisdiction of small claims court is for a small claims court to decide in the first instance and for a court of competent jurisdiction to otherwise decide. The term “Dispute” shall be interpreted broadly and includes, but is not limited to: (a) any dispute or claim that arose before the existence of these or any prior Petco Perks Terms & Conditions (including, but not limited to, claims relating to advertising); (b) any dispute or claim that is currently the subject of purported class action litigation in which you are not a member of a certified class; and (c) any dispute or claim that may arise after termination of these Petco Perks Terms & Conditions. “Dispute,” however, does not include disagreements or claims concerning patents, copyrights, trademarks, trade secrets, or other intellectual property, and claims of piracy or unauthorized use of intellectual property.
In any Dispute, the arbitrator shall decide all issues except the following (which are for a court of competent jurisdiction to decide): (a) issues that are reserved for a court in these Petco Perks Terms & Conditions; (b) issues that relate to the scope, validity, and/or enforceability of the arbitration provision, class action waiver, or any of the provisions of this Mandatory Dispute Resolution clause; and (c) issues that relate to the arbitrability of any Dispute. These Petco Perks Terms & Conditions and their arbitration provision do not prevent you from bringing a Dispute to the attention of any government agency. You and we agree that these Petco Perks Terms & Conditions evidence a transaction in interstate commerce and that the arbitration provision herein will be interpreted and enforced in accordance with the Federal Arbitration Act and federal arbitration law.
You and Petco agree to work together in a good-faith effort to informally resolve any Dispute that might arise between us using the early resolution process described herein (“Early Resolution Process”).
The party initiating a Dispute must first send the other a written notice (the “Dispute Notice”) that includes all of the following information: (a) information sufficient to identify any transaction and/or account at issue in the Dispute, including any loyalty account information; (b) contact information (including your name, address, telephone number, and email address); and (c) a detailed description of the nature and basis of the Dispute and the relief sought, including a calculation for such relief. The Dispute Notice must be personally signed by the party initiating the Dispute (and their counsel, if represented). If you are the party initiating a Dispute, you must send us the Dispute Notice via email to arbitration@petco.com. If Petco has a Dispute with you, we will send a Dispute Notice to you at the most recent contact information we have on file for you.
For a period of sixty (60) days from receipt of a completed Dispute Notice (which can be extended by agreement of the parties), you and we agree to negotiate in good faith in an effort to informally resolve the Dispute. The party receiving the Dispute Notice may request a telephone settlement conference to aid in the early resolution of the Dispute. If such a conference is requested, you and a Petco representative will personally attend such a telephone settlement conference (with counsel, if represented). The conference will be scheduled for a mutually convenient time, which may be outside of the 60-day period following receipt of a Dispute Notice. This informal Early Resolution Process is a condition precedent to you or Petco commencing a formal proceeding in arbitration.
If the sufficiency of a Dispute Notice or compliance with this Early Resolution Process is at issue, such issue may be raised with and decided by a court of competent jurisdiction at either party's election and any arbitration shall be stayed pending resolution of such issue. The court shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of arbitrations, and to enjoin the assessment or collection of arbitration fees. Nothing in this paragraph limits the right of a party to seek relief for non-compliance with this process in arbitration. All applicable limitations periods (including statutes of limitations) will be tolled from the date of receipt of a completed Dispute Notice through the conclusion of this Early Resolution Process. You or we may commence arbitration if a Dispute is not resolved through this Early Resolution Process.
The arbitration of any Dispute shall be conducted in accordance with the rules of the American Arbitration Association (“AAA”), including the AAA's Consumer Arbitration Rules and Supplementary Rules for Mass Arbitration, as applicable (“AAA Rules”), as modified by this arbitration provision and these Petco Perks Terms & Conditions. The AAA Rules are available online at www.adr.org. You and we understand and agree that the AAA's administrative determination that this arbitration provision comports with the Consumer Due Process Protocol is final, and that neither a court nor an arbitrator has the authority to revisit it. If the AAA is unavailable or unwilling to conduct the arbitration consistent with this arbitration provision and these Petco Perks Terms & Conditions, the parties shall agree on a replacement arbitration administrator that will do so. If the parties cannot agree on a replacement arbitration administrator, they shall petition a court of competent jurisdiction to appoint an arbitration administrator that will conduct the arbitration consistent with this arbitration provision and these Petco Perks Terms & Conditions.
An arbitration demand must (a) include all of the information required to be provided in the Dispute Notice above; (b) be accompanied by a certification of compliance with the Early Resolution Process above; and (c) be personally signed by the party initiating arbitration (and counsel, if represented). When initiating arbitration, you shall personally certify to Petco and to AAA that you are a party to this arbitration provision and provide a copy or link to it. By submitting an arbitration demand, the initiating party and counsel represent, as in federal court, that they are complying with the requirements of Federal Rule of Civil Procedure 11(b). The arbitrator is authorized to impose any sanctions available under Federal Rule of Civil Procedure 11 on represented parties and their counsel. You may choose to have the arbitration conducted by a phone, video, or in-person hearing, or through written submissions, except any Dispute seeking more than Ten Thousand Dollars ($10,000.00 USD) or injunctive relief shall have an in-person or video hearing unless the parties agree otherwise. You and we reserve the right to request a hearing in any matter from the arbitrator. You and a Petco representative will personally appear at any hearing (with counsel, if represented). Any in-person hearing will be held in the county or parish in which you reside or at another mutually agreed-upon location. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory 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. To the fullest extent allowable by applicable law, you and we agree that each may bring claims against the other only in your or our individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, private attorney general, or representative proceeding. Further, unless both you and we agree otherwise, an arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of class, collective, consolidated, private attorney general, or representative proceeding. You agree that you shall personally participate, along with your counsel if represented, in the initial conference with the arbitrator unless the parties agree otherwise. An arbitrator must follow and enforce these Petco Perks Terms & Conditions as a court would.
IF, AFTER EXHAUSTION OF ALL APPEALS, ANY OF THESE PROHIBITIONS ON NON-INDIVIDUALIZED INJUNCTIVE OR DECLARATORY RELIEF AND CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDINGS ARE FOUND TO BE UNENFORCEABLE WITH RESPECT TO A PARTICULAR CLAIM OR REQUEST FOR RELIEF (SUCH AS A REQUEST FOR PUBLIC INJUNCTIVE RELIEF), THEN SUCH A CLAIM OR REQUEST FOR RELIEF WILL BE DECIDED BY A COURT OF COMPETENT JURISDICTION, AFTER ALL OTHER CLAIMS AND REQUESTS FOR RELIEF ARE ARBITRATED.
The arbitrator shall issue a reasoned written decision sufficient to explain essential findings and conclusions. The arbitrator shall apply the cost-shifting provisions of Federal Rule of Civil Procedure 68 after entry of an award. Judgment on any arbitration award may be entered in any court of competent jurisdiction, except an award that has been satisfied may not be entered. An award shall have no preclusive effect in any other arbitration or proceeding in which you are not a named party.
Payment of arbitration fees will be governed by the AAA Rules. You and we agree that the parties have a shared interest in reducing the costs and increasing the efficiencies associated with arbitration. Therefore, you or we may elect to engage with the AAA regarding arbitration fees, and you and we agree that the parties (and counsel, if represented) will work together in good faith to ensure that arbitration remains cost-effective for all parties.
You and we agree that the following “Additional Procedures for Mass Arbitration” (in addition to the other provisions of this section) shall apply if you choose to participate in a Mass Arbitration (as defined below).
If twenty-five (25) or more similar Disputes (including yours) are asserted against Petco by the same or coordinated counsel or are otherwise coordinated (a “Mass Arbitration”), you understand and agree that the resolution of your Dispute might be delayed and ultimately proceed in court. The parties agree that as part of these procedures, their counsel shall meet and confer in good faith in an effort to resolve the Disputes, streamline procedures, address the exchange of information, modify the number of Disputes to be adjudicated, and conserve the parties' and the AAA's resources. If your claim is part of a Mass Arbitration, any applicable limitations periods (including statutes of limitations) shall be tolled for your Dispute from the time that your Dispute is first submitted to the AAA until your Dispute is selected to proceed as part of a staged process or is settled, withdrawn, otherwise resolved, or opted out of arbitration pursuant to this provision.
A court of competent jurisdiction shall have the authority to enforce these Additional Procedures for Mass Arbitration, including the power to enjoin the filing or prosecution of arbitrations and the assessment or collection of arbitration fees.
These Additional Procedures for Mass Arbitration are essential parts of this arbitration provision. If, after exhaustion of all appeals, a court of competent jurisdiction decides that these Additional Procedures for Mass Arbitration apply to your Dispute and are not enforceable, then your Dispute shall not proceed in arbitration and shall only proceed in a court of competent jurisdiction consistent with the remainder of these Terms.
Petco's updates to these Petco Perks Terms & Conditions do not provide you with a new opportunity to opt out of arbitration if you previously agreed to 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 personally signed, written notice via U.S. Mail to Petco at: Petco Legal Department, 10850 Via Frontera, San Diego CA 92127, or via email to arbitration@petco.com, and you must provide the following information: (a) your name, (b) your address, (c) your phone number, and (d) a clear statement that you wish to opt out of this arbitration provision. This opt-out notice must be sent within thirty (30) days after the date you first become subject to this arbitration provision. If you opt out of this agreement to arbitrate, all other provisions of these Petco Perks Terms & Conditions, including other provisions of the Mandatory Dispute Resolution section, will continue to apply to you. Opting out has no effect on any other arbitration agreements or provisions that you may have entered into with Petco or may enter into in the future with Petco.
If Petco makes any future changes to the arbitration provision (other than a change to our contact information), you may reject any such change by sending your personally signed, written notice to the following address within thirty (30) days of the change: Via U.S. Mail to Petco at: Petco Legal Department, 10850 Via Frontera, San Diego CA 92127; or via email to arbitration@petco.com. Such written notice does not constitute an opt out of arbitration altogether or impact any other portions of this Mandatory Dispute Resolution section. By rejecting any future change, you are agreeing that you will arbitrate any Dispute between you and Petco in accordance with this version of the arbitration provision.
YOU AND WE EACH AGREE THAT ANY PROCEEDING, WHETHER IN ARBITRATION OR IN COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION. YOU AND WE AGREE TO WAIVE ANY RIGHT TO BRING OR TO PARTICIPATE IN SUCH AN ACTION IN ARBITRATION OR IN COURT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. NOTWITHSTANDING THE FOREGOING, THE PARTIES RETAIN THE RIGHT TO PARTICIPATE IN A CLASS-WIDE SETTLEMENT.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND PETCO WAIVE THE RIGHT TO A JURY TRIAL.
For more information on the Program, how to enroll, or how to terminate your Account/Membership, please contact us at: 888 824-7257.
Effective Date: June 22, 2026
These Petco Perks Premier Terms & Conditions (the “Terms,” “Agreement,” or “Petco Perks Premier Terms & Conditions”) entered between you and Petco Animal Supplies Stores, Inc. and its subsidiaries, divisions, and affiliates (collectively, “Petco,” “Company,” “we,” or “us”) govern Petco Perks Premier (the “Subscription”) and our respective rights and obligations. The Subscription was previously known as the Petco Perks Premier Subscription. By purchasing the Subscription or otherwise participating or enrolling in the Subscription, you agree to these Terms, as may be modified by Petco from time to time, as well as Petco's Terms of Use, Privacy Policy , and the Petco Perks Program Terms and Conditions.
PLEASE NOTE: THIS AGREEMENT CONTAINS A MANDATORY DISPUTE RESOLUTION SECTION WITH AN ARBITRATION AGREEMENT, CLASS ACTION WAIVER, AND JURY TRIAL WAIVER THAT AFFECT YOUR RIGHTS. THE MANDATORY DISPUTE RESOLUTION SECTION AFFECTS HOW DISPUTES WITH PETCO ARE RESOLVED. YOU AGREE TO BE BEOUND BY THE MANDATORY DISPUTE RESOLUTION SECTION, INCLUDING THE ARBITRATION AGREEMENT THEREIN. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT. PLEASE READ THESE TERMS CAREFULLY.
The Subscription is an annual commitment available to dog, cat and companion animal owners, as detailed below. By enrolling in the Subscription, you agree to pay the Subscription fee for the initial one-year term, which will renew automatically based on then-current terms and prices. Subscription benefits apply to costs of services and eligible products only, as set forth below and as may be modified from time to time; they are not applicable to any taxes or fees. 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 pet. In addition, the Subscription fee and Subscription benefits differ 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, cat, or companion animal while you are enrolled in the Subscription:
All Petco Perks Premier members must be enrolled in Petco Perks to be eligible for Petco Perks Premier benefits. All Petco Perks benefits are available to Petco Perks Premier members as set forth in the most recent Petco Perks Terms available here. Points issued under the Petco Perks program and/or these Terms may be redeemed as set forth in the Petco Perks Terms, and are subject to the redemption limitations and expiration terms set forth in the Petco Perks Terms unless otherwise specified in these Terms.
Any Rewards accumulated under previous versions of the Program will be converted to the equivalent value of Points based on the current Terms of the Program. Any Points accumulated under previous versions of the Petco Perks Program or other Subscriptions will be converted as specified at the time of conversion and subject to redemption based on the current Terms of the Program. The date of issuance for converted Points and Rewards will be the date of conversion for expiration purposes. Any account activity requirements in place at the time of issuance for Rewards and Points will continue to apply.
Grooming Benefit:
Nutrition Benefit: Your subscription includes ten percent (10%) off in-store, online and in-app purchases of dog food (excluding treats) for your enrolled dog. This discount is available for any brand of dry, wet, fresh, or frozen dog food, and for broth or toppers, but may not be used on treats or chews. The discount is not applicable to already discounted products or other promotions, and cannot be combined with other valid Petco promotions, sales, discounts, or coupons you have earned as a member of Petco Perks, unless otherwise indicated. The discount has no cash value. If the value of the discount is greater than the purchase price of the food, 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 10% off dog food benefit will not apply to any other retail products or services purchased, or for other animals who do not have a Petco Perks Premier plan. Sales tax and applicable fees may still be due and collected at the time of your transaction.
Vetco Benefit: Your Subscription includes unlimited routine vet exams at participating Vetco Total Care Hospital Locations for the pet enrolled in the Subscription. Your vet exam fee will be waived only at eligible Vetco Total Care Hospital Locations (and not at a Vet-of-Choice location or a Vetco vaccination clinic). 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.
Vet-of-Choice: You are eligible to receive twenty thousand (20,000) Points for a routine vet exam with your chosen or preferred vet. This benefit may be redeemed for up to two (2) routine vet exams for the pet enrolled in the Subscription, for a maximum of forty thousand (40,000) Points per Subscription term. Twenty thousand (20,000) Points will be made available to you through your Petco Perks account, following each such qualifying visit. Visits to Participating Vetco Total Care Hospital Locations or Vetco vaccination clinics are not eligible as a qualifying visit. Submit invoice receipt through Petco Perks Dashboard under My Plans. Upon your submission of satisfactory receipts evidencing such visits, the Points will be deposited into your Petco Perks Account. . We are unable to accept handwritten receipts or receipts for items/services provided by unlicensed veterinarians. Continuous submission of invalid receipts may result in termination of your membership.
Monthly Points: You are eligible to receive up to one hundred and eighty thousand (180,000) Points per year to use on qualifying in-store or online purchases, which will be delivered to your Petco Perks account at a rate of fifteen thousand (15,000) Points per month, on a monthly basis, within approximately three (3) business days of the anniversary of your enrollment date (“Monthly Points”) for as long as you maintain an active, valid Petco Perks Premier Account. Monthly Points will expire forty-five (45) days after they are issued to your Account.
Grooming Benefit: At each grooming appointment, you will receive twenty percent (20%) off the listed price of (1) a full-service dog bath, or (2) a full-service dog bath with haircut, as well as any additional dog grooming services (such as add-ons or packages). The discount is not applicable to already discounted products, services, or other promotions, and cannot be combined with other valid Petco promotions, sales, discounts, or coupons you have earned as a Petco Perks member, unless otherwise indicated. 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 20% off discount will not apply to any retail products purchased (including grooming products) or grooming services for other animals who do not have a Petco Perks Premier plan. Sales tax may still be due and collected at the time of your transaction.
Nutrition Benefit: Your subscription includes ten percent (10%) off in-store, online and in-app purchases of dog food (excluding treats) for your enrolled dog. This discount is available for any brand of dry, wet, fresh, or frozen dog food, and for broth or toppers, but may not be used on treats or chews. The discount is not applicable to already discounted products or other promotions, and cannot be combined with other valid Petco promotions, sales, discounts, or coupons you have earned as a member of Petco Perks, unless otherwise indicated. The discount has no cash value. If the value of the discount is greater than the purchase price of the food, 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 10% off dog food benefit will not apply to any other retail products or services purchased, or for other animals who do not have a Petco Perks Premier plan. Sales tax and applicable fees may still be due and collected at the time of your transaction.
Vetco Benefit: Your Subscription includes unlimited routine vet exams at participating Vetco Total Care Hospital Locations for the pet enrolled in the Subscription. Your vet exam fee will be waived only at eligible Vetco Total Care Hospital Locations (and not at a Vet-of-Choice location or a Vetco vaccination clinic). 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.
Vet-of-Choice: You are eligible to receive twenty thousand (20,000) points for a routine vet exam with your chosen or preferred vet. This benefit may be redeemed for up to two (2) routine vet exams for the pet enrolled in the Subscription, for a maximum of forty thousand (40,000) Points per Subscription term. Twenty thousand (20,000) Points will be made available to you through your Petco Perks account, following each such qualifying visit. Visits to Participating Vetco Total Care Hospital Locations or Vetco vaccination clinics are not eligible as a qualifying visit. Submit invoice receipt through Petco Perks Dashboard under My Plans. Upon your submission of satisfactory receipts evidencing such visits, the Points will be deposited into your Petco Perks Account. We are unable to accept handwritten receipts or receipts for items/services provided by unlicensed veterinarians. Continuous submission of invalid receipts may result in termination of your membership.
Monthly Points: You are eligible to receive up to one hundred and eighty thousand (180,000) Points per year to use on qualifying in-store or online purchases, which will be delivered to your Petco Perks account at a rate of fifteen thousand (15,000) Points per month, on a monthly basis, within approximately three (3) business days of the anniversary of your enrollment date (“Monthly Points”) for as long as you maintain an active, valid Petco Perks Premier Account. Monthly Points will expire forty-five (45) days after they are issued to your Account.
Litter Benefit (For Cats Only): Your Subscription includes twenty percent (20%) off any in-store, online and in-app purchases of cat litter for your enrolled cat. The discount is not applicable to already discounted products or other promotions, and cannot be combined with other valid Petco promotions, sales, discounts, or coupons you have earned as a Petco Perks member, unless otherwise indicated. The discount has no cash value. If the value of the discount is greater than the purchase price of the cat litter, 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 20% off cat litter benefit will not apply to any other retail products or services purchased, or for other animals who do not have a Petco Perks Premier plan. Sales tax and applicable fees may still be due and collected at the time of your transaction.
Nutrition Benefit: Your Subscription includes ten percent (10%) off in-store, online and in-app purchases of cat food (excluding treats) for your enrolled cat. This discount is available for any brand of dry, wet, fresh, or frozen cat food, and for broth or toppers, but may not be used on treats or chews. The discount is not applicable to already discounted products or other promotions, and cannot be combined with other valid Petco promotions, sales, discounts, or coupons you have earned as a member of Petco Perks, unless otherwise indicated. The discount has no cash value. If the value of the discount is greater than the purchase price of the food, 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 10% off cat food benefit will not apply to any other retail products or services purchased, or for other animals who do not have a Petco Perks Premier plan. Sales tax and applicable fees may still be due and collected at the time of your transaction.
Vetco Benefit: Your Subscription includes unlimited routine vet exams at participating Vetco Total Care Hospital Locations for the pet enrolled in the Subscription. Your vet exam fee will be waived only at eligible Vetco Total Care Hospital Locations (and not at a Vet-of-Choice location or a Vetco vaccination clinic). 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.
Vet-of-Choice: You are eligible to receive twenty thousand (20,000) Points for a routine vet exam with your chosen or preferred vet. This benefit may be redeemed for up to two (2) routine vet exams for the pet enrolled in the Subscription, for a maximum of forty thousand (40,000) Points per Subscription term. Twenty thousand (20,000) Points will be made available to you through your Petco Perks Account, following each such qualifying visit. Visits to Participating Vetco Total Care Hospital Locations or Vetco vaccination clinics are not eligible as a qualifying visit. Submit invoice receipt through Petco Perks Dashboard under My Plans. Upon your submission of satisfactory receipts evidencing such visits, the Points will be deposited into your Petco Perks Account. . We are unable to accept handwritten receipts or receipts for items/services provided by unlicensed veterinarians. Continuous submission of invalid receipts may result in termination of your membership.
Monthly Points: You are eligible to receive up to one hundred and eighty thousand (180,000) Points per year to use on qualifying in-store or online purchases, which will be delivered to your Petco Perks account at a rate of fifteen thousand (15,000) Points per month, on a monthly basis, within approximately three (3) business days of the anniversary of your enrollment date (“Monthly Points”) for as long as you maintain an active, valid Petco Perks Premier Account. Monthly Points will expire forty-five (45) days after they are issued to your Account.
Eligible companion animals are as follows:
Nutrition Benefit: Your subscription includes fifteen percent (15%) off in-store, online and in-app purchases of companion animal food. The nutrition benefit can only be applied to nutrition classified as appropriate for the enrolled companion animal. This discount is available for any brand of your enrolled companion animal’s food, excluding wild bird food and poultry food. The discount is not applicable to already discounted products or other promotions, and cannot be combined with other valid Petco promotions, sales, discounts, or coupons you have earned as a member of Petco Perks, unless otherwise indicated. The discount has no cash value. If the value of the discount is greater than the purchase price of the food, 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 companion animal nutrition benefit will not apply to any other retail products or services purchased, or for other animals who do not have a Petco Perks Premier plan. Sales tax and applicable fees may still be due and collected at the time of your transaction.
Supplies Benefit: Your subscription includes fifteen percent (15%) off in-store, online and in-app purchases of companion animal supplies. Companion animal supplies include, but are not limited to, supplies required for feeding, housing, clean up, grooming, play and travel. Wild bird and poultry supplies are excluded. The discount is not applicable to already discounted products or other promotions, and cannot be combined with other valid Petco promotions, sales, discounts, or coupons you have earned as a member of Petco Perks, unless otherwise indicated. The discount has no cash value. If the value of the discount is greater than the purchase price of the companion animal supplies, 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 15% off companion animal supplies benefit will not apply to any other retail products or services purchased, or for other animals who do not have a Petco Perks Premier plan. Sales tax and applicable fees may still be due and collected at the time of your transaction.
Monthly Points: You are eligible to receive up to sixty thousand (60,000) Points to use on qualifying in-store or online purchases, which will be delivered to your Petco Perks account at a rate of five thousand (5,000) Points per month, on a monthly basis, within approximately three (3) business days of the anniversary of your enrollment date (“Monthly Points”) for as long as you maintain an active, valid Petco Perks Premier Account. Monthly Points will expire forty-five (45) days after they are issued to your Account.
Subscription benefits are valid only for those goods and services identified in Section 1 at applicable Petco locations. Certain benefits may not be offered at all locations (see Section 3 for more details). For individuals who are also enrolled in Petco Perks Premier, the Subscription fee will not earn Petco Perks Points. 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 Petco Perks member number may only be associated with one Petco.com or Petco Perks account. However, multiple Petco Perks Premier Subscriptions may be applicable to a Petco.com or Petco Perks 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 Petco Perks 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. Subscription benefits may not be redeemed at our mobile grooming salons or at our self-wash stations. You may search stores.petco.com by specific store to see updated Petco Grooming Salons, Vetco Total Care Locations, and Vetco vaccination clinic information, as well as their hours/schedules. For questions about Subscription benefits at our locations, contact Petco Perks Premier customer service at (858) 657-2035, or contact your local store. Participating Petco retail stores and Vetco Total Care Locations are subject to change at any time. Some locations may be subject to reduced hours and/or temporary closures.
Points are redeemable as set forth in the Petco Perks Program Terms. Members may elect to redeem a specified number of Points toward an eligible purchase in specified increments.
WHEN YOU SIGN UP FOR A SUBSCRIPTION, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU ARE SIGNING UP FOR AN ANNUAL SUBSCRIPTION. FEES PLUS APPLICABLE TAXES AND CHARGES WILL BE BILLED IN INSTALLMENTS AS DESCRIBED UPON ENROLLMENT TO THE DESIGNATED CREDIT OR DEBIT CARD ON FILE.
After your one-year term, your Subscription will automatically renew for another year at the then-current fee if you do not cancel before your annual anniversary processing date. You will receive a reminder email prior to renewal at the email associated with your account. You can cancel your Subscription by calling customer service at 858-657-2035 as discussed in Section 5. You may also cancel the automatic renewal of your Subscription online through your Petco Perks account portal.
Petco may request a pre-authorization on your payment method to ensure that the payment method is still valid. Pre-authorizations are temporary and only remain in effect until they expire or are removed as determined by your card issuer's policy. If we are unable to complete your payment with the payment method provided, we will notify you through the email address associated with your Subscription. If we are unable to complete payment with the primary payment provided, and you have opted into the backup payment method feature, Petco will attempt to charge any backup credit card you have added to your wallet. 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 fee in the Order History tab of your Petco.com “My Account” page.
Your Subscription is an annual subscription. As stated in Section 4, your subscription will continue to automatically renew for one-year periods that will be billed until you cancel.
YOU MAY CANCEL YOUR SUBSCRIPTION BY CALLING PETCO PERKS CUSTOMER SERVICE AT (858) 657-2035. YOU MAY ALSO CHANGE OR TURN OFF YOUR AUTO-RENEW SETTING BY VISITING THE PETCO PERKS PREMIER TAB IN YOUR PETCO PERKS 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.
You will be billed for the duration of your one-year term and continue to have access to all Subscription benefits throughout the remainder of your annual Subscription term. Cancellations must be made before the annual anniversary processing date identified in your Petco Perks Premier page and will be effective as of your annual anniversary processing date.
We reserve the right to revoke or cancel your Subscription for any reason at any time, without notice and without any liability, including as a result of violation of the Petco Perks Premier Terms, or violation of any other applicable terms and conditions, including the Petco Terms of Use, Privacy Policy. If we do so, you will only be charged a prorated Subscription fee for the active portion of your membership, unless your membership was terminated due to misuse or abuse of program benefits.
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.
We do not offer full or partial refunds for our Subscription program.
Petco reserves the right to cancel or modify the Subscription and/or any of these Petco Perks Premier Terms at any time, including, without limitation, to modify the Subscription fee, to modify benefits included, and/or to change benefit fulfillment processes, after your initial month. If you do not agree with the change, you may cancel your Subscription within 30 days of receipt of notice of the applicable Subscription change. If you do not cancel your Subscription within 30 days of the change taking effect 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.
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.
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.
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 A MANDATORY EARLY RESOLUTION PROCESS, BINDING ARBITRATION, A CLASS ACTION WAIVER, AND A JURY TRIAL WAIVER.
Arbitration Agreement:
Any dispute or claim arising out of or relating to these Petco Perks Premier Terms & Conditions, your use of the Services, or your relationship with Petco or any past, present, or future subsidiaries, parents, affiliates, employees, officers, directors, agents, successors, representatives, or assigns, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory (each a “Dispute”) will be resolved through binding individual arbitration (with limited exception) as set forth in these Petco Perks Premier Terms & Conditions. Notwithstanding the foregoing, either you or Petco may initiate a Dispute in or take a Dispute to small claims court, so long as that Dispute is not removed or appealed to a court of general jurisdiction. Whether a Dispute falls within the jurisdiction of small claims court is for a small claims court to decide in the first instance and for a court of competent jurisdiction to otherwise decide. The term “Dispute” shall be interpreted broadly and includes, but is not limited to: (a) any dispute or claim that arose before the existence of these or any prior Petco Perks Premier Terms & Conditions (including, but not limited to, claims relating to advertising); (b) any dispute or claim that is currently the subject of purported class action litigation in which you are not a member of a certified class; and (c) any dispute or claim that may arise after termination of these Petco Perks Premier Terms & Conditions. “Dispute,” however, does not include disagreements or claims concerning patents, copyrights, trademarks, trade secrets, or other intellectual property, and claims of piracy or unauthorized use of intellectual property.
In any Dispute, the arbitrator shall decide all issues except the following (which are for a court of competent jurisdiction to decide): (a) issues that are reserved for a court in these Petco Perks Premier Terms & Conditions; (b) issues that relate to the scope, validity, and/or enforceability of the arbitration provision, class action waiver, or any of the provisions of this Mandatory Dispute Resolution clause; and (c) issues that relate to the arbitrability of any Dispute. These Petco Perks Premier Terms & Conditions and their arbitration provision do not prevent you from bringing a Dispute to the attention of any government agency. You and we agree that these Petco Perks Premier Terms & Conditions evidence a transaction in interstate commerce and that the arbitration provision herein will be interpreted and enforced in accordance with the Federal Arbitration Act and federal arbitration law.
You and Petco agree to work together in a good-faith effort to informally resolve any Dispute that might arise between us using the early resolution process described herein (“Early Resolution Process”).
The party initiating a Dispute must first send the other a written notice (the “Dispute Notice”) that includes all of the following information: (a) information sufficient to identify any transaction and/or account at issue in the Dispute, including any loyalty account information; (b) contact information (including your name, address, telephone number, and email address); and (c) a detailed description of the nature and basis of the Dispute and the relief sought, including a calculation for such relief. The Dispute Notice must be personally signed by the party initiating the Dispute (and their counsel, if represented). If you are the party initiating a Dispute, you must send us the Dispute Notice via email to arbitration@petco.com. If Petco has a Dispute with you, we will send a Dispute Notice to you at the most recent contact information we have on file for you.
For a period of sixty (60) days from receipt of a completed Dispute Notice (which can be extended by agreement of the parties), you and we agree to negotiate in good faith in an effort to informally resolve the Dispute. The party receiving the Dispute Notice may request a telephone settlement conference to aid in the early resolution of the Dispute. If such a conference is requested, you and a Petco representative will personally attend such a telephone settlement conference (with counsel, if represented). The conference will be scheduled for a mutually convenient time, which may be outside of the 60-day period following receipt of a Dispute Notice. This informal Early Resolution Process is a condition precedent to you or Petco commencing a formal proceeding in arbitration.
If the sufficiency of a Dispute Notice or compliance with this Early Resolution Process is at issue, such issue may be raised with and decided by a court of competent jurisdiction at either party's election and any arbitration shall be stayed pending resolution of such issue. The court shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of arbitrations, and to enjoin the assessment or collection of arbitration fees. Nothing in this paragraph limits the right of a party to seek relief for non-compliance with this process in arbitration. All applicable limitations periods (including statutes of limitations) will be tolled from the date of receipt of a completed Dispute Notice through the conclusion of this Early Resolution Process. You or we may commence arbitration if a Dispute is not resolved through this Early Resolution Process.
The arbitration of any Dispute shall be conducted in accordance with the rules of the American Arbitration Association (“AAA”), including the AAA's Consumer Arbitration Rules and Supplementary Rules for Mass Arbitration, as applicable (“AAA Rules”), as modified by this arbitration provision and these Petco Perks Premier Terms & Conditions. The AAA Rules are available online at www.adr.org. You and we understand and agree that the AAA's administrative determination that this arbitration provision comports with the Consumer Due Process Protocol is final, and that neither a court nor an arbitrator has the authority to revisit it. If the AAA is unavailable or unwilling to conduct the arbitration consistent with this arbitration provision and these Petco Perks Premier Terms & Conditions, the parties shall agree on a replacement arbitration administrator that will do so. If the parties cannot agree on a replacement arbitration administrator, they shall petition a court of competent jurisdiction to appoint an arbitration administrator that will conduct the arbitration consistent with this arbitration provision and these Petco Perks Premier Terms & Conditions.
An arbitration demand must (a) include all of the information required to be provided in the Dispute Notice above; (b) be accompanied by a certification of compliance with the Early Resolution Process above; and (c) be personally signed by the party initiating arbitration (and counsel, if represented). When initiating arbitration, you shall personally certify to Petco and to AAA that you are a party to this arbitration provision and provide a copy or link to it. By submitting an arbitration demand, the initiating party and counsel represent, as in federal court, that they are complying with the requirements of Federal Rule of Civil Procedure 11(b). The arbitrator is authorized to impose any sanctions available under Federal Rule of Civil Procedure 11 on represented parties and their counsel. You may choose to have the arbitration conducted by a phone, video, or in-person hearing, or through written submissions, except any Dispute seeking more than Ten Thousand Dollars ($10,000.00 USD) or injunctive relief shall have an in-person or video hearing unless the parties agree otherwise. You and we reserve the right to request a hearing in any matter from the arbitrator. You and a Petco representative will personally appear at any hearing (with counsel, if represented). Any in-person hearing will be held in the county or parish in which you reside or at another mutually agreed-upon location. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory 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. To the fullest extent allowable by applicable law, you and we agree that each may bring claims against the other only in your or our individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, private attorney general, or representative proceeding. Further, unless both you and we agree otherwise, an arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of class, collective, consolidated, private attorney general, or representative proceeding. You agree that you shall personally participate, along with your counsel if represented, in the initial conference with the arbitrator unless the parties agree otherwise. An arbitrator must follow and enforce these Petco Perks Premier Terms & Conditions as a court would.
IF, AFTER EXHAUSTION OF ALL APPEALS, ANY OF THESE PROHIBITIONS ON NON-INDIVIDUALIZED INJUNCTIVE OR DECLARATORY RELIEF AND CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDINGS ARE FOUND TO BE UNENFORCEABLE WITH RESPECT TO A PARTICULAR CLAIM OR REQUEST FOR RELIEF (SUCH AS A REQUEST FOR PUBLIC INJUNCTIVE RELIEF), THEN SUCH A CLAIM OR REQUEST FOR RELIEF WILL BE DECIDED BY A COURT OF COMPETENT JURISDICTION, AFTER ALL OTHER CLAIMS AND REQUESTS FOR RELIEF ARE ARBITRATED.
The arbitrator shall issue a reasoned written decision sufficient to explain essential findings and conclusions. The arbitrator shall apply the cost-shifting provisions of Federal Rule of Civil Procedure 68 after entry of an award. Judgment on any arbitration award may be entered in any court of competent jurisdiction, except an award that has been satisfied may not be entered. An award shall have no preclusive effect in any other arbitration or proceeding in which you are not a named party.
Payment of arbitration fees will be governed by the AAA Rules. You and we agree that the parties have a shared interest in reducing the costs and increasing the efficiencies associated with arbitration. Therefore, you or we may elect to engage with the AAA regarding arbitration fees, and you and we agree that the parties (and counsel, if represented) will work together in good faith to ensure that arbitration remains cost-effective for all parties.
You and we agree that the following “Additional Procedures for Mass Arbitration” (in addition to the other provisions of this section) shall apply if you choose to participate in a Mass Arbitration (as defined below).
If twenty-five (25) or more similar Disputes (including yours) are asserted against Petco by the same or coordinated counsel or are otherwise coordinated (a “Mass Arbitration”), you understand and agree that the resolution of your Dispute might be delayed and ultimately proceed in court. The parties agree that as part of these procedures, their counsel shall meet and confer in good faith in an effort to resolve the Disputes, streamline procedures, address the exchange of information, modify the number of Disputes to be adjudicated, and conserve the parties' and the AAA's resources. If your claim is part of a Mass Arbitration, any applicable limitations periods (including statutes of limitations) shall be tolled for your Dispute from the time that your Dispute is first submitted to the AAA until your Dispute is selected to proceed as part of a staged process or is settled, withdrawn, otherwise resolved, or opted out of arbitration pursuant to this provision.
A court of competent jurisdiction shall have the authority to enforce these Additional Procedures for Mass Arbitration, including the power to enjoin the filing or prosecution of arbitrations and the assessment or collection of arbitration fees.
These Additional Procedures for Mass Arbitration are essential parts of this arbitration provision. If, after exhaustion of all appeals, a court of competent jurisdiction decides that these Additional Procedures for Mass Arbitration apply to your Dispute and are not enforceable, then your Dispute shall not proceed in arbitration and shall only proceed in a court of competent jurisdiction consistent with the remainder of these Terms.
Petco's updates to these Petco Perks Premier Terms & Conditions do not provide you with a new opportunity to opt out of arbitration if you previously agreed to 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 personally signed, written notice via U.S. Mail to Petco at: Petco Legal Department, 10850 Via Frontera, San Diego CA 92127, or via email to arbitration@petco.com, and you must provide the following information: (a) your name, (b) your address, (c) your phone number, and (d) a clear statement that you wish to opt out of this arbitration provision. This opt-out notice must be sent within thirty (30) days after the date you first become subject to this arbitration provision. If you opt out of this agreement to arbitrate, all other provisions of these Petco Perks Premier Terms & Conditions, including other provisions of the Mandatory Dispute Resolution section, will continue to apply to you. Opting out has no effect on any other arbitration agreements or provisions that you may have entered into with Petco or may enter into in the future with Petco.
If Petco makes any future changes to the arbitration provision (other than a change to our contact information), you may reject any such change by sending your personally signed, written notice to the following address within thirty (30) days of the change: Via U.S. Mail to Petco at: Petco Legal Department, 10850 Via Frontera, San Diego CA 92127; or via email to arbitration@petco.com. Such written notice does not constitute an opt out of arbitration altogether or impact any other portions of this Mandatory Dispute Resolution section. By rejecting any future change, you are agreeing that you will arbitrate any Dispute between you and Petco in accordance with this version of the arbitration provision.
YOU AND WE EACH AGREE THAT ANY PROCEEDING, WHETHER IN ARBITRATION OR IN COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION. YOU AND WE AGREE TO WAIVE ANY RIGHT TO BRING OR TO PARTICIPATE IN SUCH AN ACTION IN ARBITRATION OR IN COURT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. NOTWITHSTANDING THE FOREGOING, THE PARTIES RETAIN THE RIGHT TO PARTICIPATE IN A CLASS-WIDE SETTLEMENT.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND PETCO WAIVE THE RIGHT TO A JURY TRIAL.
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.
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.
Colorado Residents
If you are a resident of Colorado, the table in Section 1 of our Privacy Policy describes the categories of personal information that we collect and process for targeted advertising via the Petco Perks and Petco Perks Premier programs. Section 6 of the Privacy Policy describes the categories of third parties that receive personal information as a result of your participation in the Petco Perks and Petco Perks Premier programs. In addition, Section 6 of the Privacy Policy discloses how we share certain information with data brokers to supplement or verify our customer records and improve our marketing. Third parties that provide benefits to our Members, and the benefits made available to Members, change regularly and frequently. For questions about benefits provided by third parties, please contact Petco Perks Premier customer service at (858) 657-2035. If you request deletion of your personal information under applicable privacy laws, we cannot maintain your membership in the Petco Perks or Petco Perks Premier programs, because we need your contact information in order to issue and deliver the rewards, credits and Perks you earn under the programs.
