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Terms and conditions
Welcome to Banfield Pet Hospital®! These are the specific terms and conditions regarding your use of Banfield’s websites and any online or mobile application (each an “App”) that run on any smart phones, tablets or other devices, that link to these terms, including without limitation Banfield.com and the Banfield Pet Hospital Mobile Application (collectively, the “Sites”). Through the Sites, we, Medical Management International, Inc., dba Banfield Pet Hospital® ("Banfield"), offer information and communications services and related products that we hope you will find helpful, entertaining, and informative. There are a few rules of the (cyber) road that our visitors must follow when using our Sites, so we ask all our visitors to read these General Terms and Conditions (“Agreement”) carefully.
Please be sure to read this Agreement carefully, especially the disclaimers and limitations of our liability, since the use of the Sites constitutes your acceptance of, and agreement with, the terms and conditions set out in this Agreement.
We do not intend to make changes to this Agreement very often but reserve the right to do so. It is your responsibility to check when you visit our Sites to ensure that you have read and agree with our most current terms and conditions. Any change in this Agreement will be effective as of the date posted unless otherwise noted. We generally do not make any changes to this Agreement that have a retroactive effect unless legally required to do so. Your continued use of the Sites after that time will constitute your irrevocable acceptance of any new or amended terms. The date this Agreement was last modified is set forth at the beginning of this Agreement.
Account and security
In order to access certain content, products or services available through the Sites, you may be required to register for, or be an authorized user of, a registered user account (“Account”). You agree to provide us with accurate, complete and updated Account information. Failure to do so will constitute a breach of this Agreement, which may result in immediate termination of your Account.
You agree to keep your password, if any, confidential and use only your Account login and password when logging in. You are fully responsible for all activities that occur under your Account (including but not limited to any purchases, posting reviews or other use of the Sites), and even if such activities or uses were not committed by you. We will not be liable for any loss or damage arising from unauthorized use of your password or your failure to comply with this Section.
You may only use the Sites and the content, products and services available through the Sites and/or register for an Account, if your applicable jurisdiction allows you to accept this Agreement.
Access restriction/termination
Banfield reserves the right to impose limits on certain features or restrict your access to parts of or the entirety of any Site and the Content (defined below), products and services made available through each Site, in its sole discretion and without notice or liability. Banfield also reserves the right, in its sole discretion, to terminate your Account, membership registration, access or use of any Site and the related services, or any portion thereof, at any time without notice. We will not be liable to you or any third party should we exercise these rights. Upon termination, you will have no Account or similar membership rights to the applicable Site. Our proprietary rights, disclaimers of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any such termination. We may provide notice of termination, if at all, by regular mail or email.
Consent to use data
To facilitate purchase of products, product support and other services we may provide you, you agree that Banfield and/or its third-party service providers may collect, use, store and transmit personally identifiable information about you, including information that identifies your computer, mobile device, tablet, operating system, software and peripheral hardware. To learn about how we use personal information, please see our Privacy Policy. In addition, Banfield and/or its third-party service providers may collect and store non-personally identifiable usage statistics. Banfield and/or its third-party service providers may use this information in the aggregate, in a form which does not personally identify you, to improve its products and services and may share anonymous aggregate data with third parties.
Purchases of products and services
Order and acceptance
When a product or service is offered for sale as part of our Sites, Banfield may accept your offer to purchase such product or services subject to this Agreement (each a “Purchase”). Your receipt of an electronic or other form of order confirmation from Banfield does not signify Banfield’s acceptance of you order, nor does it constitute confirmation of Banfield’s offer to sell. Banfield reserves the right to accept or reject your order for any reason at any time after receipt of your order without providing a reason to you.
If Banfield rejects your order, Banfield will attempt to notify you using the email address provided with your order but Banfield disclaims any responsibility or liability in the event you do not receive any such attempted email notification. Generally, your credit/debit card or bank account will not be charged if Banfield rejects an order; however, Banfield will process a refund if a charge has been made against your credit/debit card or bank account for a rejected order.
Payment terms
If you wish to make an order for a product or a service, you may be asked to supply certain information relevant to your purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, or other payment related information, including your shipping address. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply is true, correct and complete. You hereby authorize Banfield to bill your credit card in accordance with the Purchase. You shall be responsible for all taxes and duties associated with the Purchase as applicable.
By providing a credit card, you are expressly agreeing that Banfield is authorized to keep such credit card on file and charge you the fees, charges, or other amounts described herein. If you want to use a different credit card than the one you signed up to use during registration or your Purchase, or if there is a change in your credit card validity or expiration date, you may edit your credit card information by logging in to your account and viewing your account details. If your credit card expires and you do not edit your credit card information or cancel your account, you understand that you will not be able to make Purchases on the Sites.
In addition to all other remedies available under this Agreement or at law (which Banfield does not waive by the exercise of any rights hereunder), Banfield shall be entitled to suspend the delivery of products or services if you fail to pay any amounts when due hereunder and such failure continues for thirty (30) days following written notice thereof. You shall not withhold payment of any amounts due and payable by reason of any set-off of any claim or dispute with Banfield, whether relating to Banfield’s breach, bankruptcy or otherwise.
Product description and pricing
Banfield cannot promise that any particular products or services or pricing will be available at any time. Until you have confirmed an order, pricing, offers, selection and availability of any products or services offered may change without notice. Although Banfield tries to accurately describe and display products and services, Banfield cannot and does not promise that product and service descriptions or depictions are accurate, complete, reliable, current or error-free.
Resale
You shall not sell, fulfill, provide or ship any products in any manner whatsoever. Banfield may immediately limit, stop or prohibit sales to you if you fail to comply with the obligations of this Section.
Order limitations
Banfield may, at its sole discretion, limit or cancel quantities Purchased. Restrictions may include orders placed by the same account, orders that use the same credit/debit card or bank account or orders that use the same billing and/or shipping address. If Banfield makes a change to your order, Banfield will attempt to notify you by the email and/or billing address provided with your order but Banfield disclaims any responsibility or liability in the event you do not receive any such attempted notification. Banfield reserves the right to limit, stop or prohibit sales to you for any reason.
Shipping and handling
All changes and cancellations must be made prior to shipment. Once an item has shipped, we will be unable to change or cancel the order. Prescription medications are fulfilled by a third-party licensed pharmacy, Vetsource. Due to state and federal regulations, prescription medications can only be shipped to a street address (home, work, etc.) They cannot be shipped to a P.O. Box. Most prescription products can be delivered without a signature. There are exceptions, however. Certain products (e.g., controlled substances and medications needing refrigeration) must be tracked and signed for.
Neither Banfield nor our suppliers shall be liable for any delays, loss or damage in transit for any shipment. Banfield and/or suppliers may, in their sole discretion, without liability or penalty, make partial shipments of Purchases to you. Each shipment will constitute a separate sale, and you shall pay for the units shipped whether such shipment is in whole or partial fulfillment of your order. Title and risk of loss passes to you upon delivery of the products at your location set forth in the Purchase.
Sales and taxes
Banfield is required to comply with the sales and use tax laws in the states in which it operates. In jurisdictions that impose sales or use tax, a purchase is subject to tax unless specifically exempt by law. Certain purchases are subject to tax even if Banfield is not required to collect sales or use tax by any particular jurisdiction. Your Purchase is NOT exempt from tax merely because Banfield does not collect the tax from you at the time of Purchase. Furthermore, your Purchase is NOT exempt merely because it is made over the Internet, by phone, by catalog, or by other remote means. You shall be solely responsible for any taxes not collected by Banfield and certain jurisdictions may require you (i) to file a sales/use tax return annually reporting taxable purchases that were not taxed and (ii) to pay such tax. For more information, you should contact the applicable taxing authority. If Banfield collects sales or use tax in connection with a Purchase, the amount of the tax will either be shown prior to completion of the purchase or reflected in the final confirmation of that Purchase. All sales and use tax amounts collected by Banfield are remitted to the appropriate taxing authorities in a timely and legally defined manner.
Missing or damaged products, returns and exchanges
To submit a request for refund for a missing or damaged product or to return or exchange a product, login to your account and go to My Orders -> click on Past Orders -> select item for refund (status must be Completed) -> select drop down reason from refund request box.
Missing or damaged products.
Refunds for products damaged in shipment, shipping errors or short shipment will only be granted if the request is made within five (5) business days of product receipt. Banfield will provide specific instructions on the disposition of the product. At Banfield’s sole discretion, products will be credited at the original purchase price or replaced at no additional charge.
Returns and exchanges
Prescription (Rx) products Banfield Shop cannot accept returns for refund or exchange on ANY prescription products. State and Federal regulations prohibit reselling prescription returns, even if unopened. However, if the product you received is incorrect or damaged please contact us at 888-626-3992 within five (5) days of receipt for assistance.
Prescription products
Prescription orders are subject to approval by your veterinarian. Your prescription order request will automatically be forwarded to your veterinarian for approval. You will receive an email or phone notification as soon as your request is approved. If for some reason your veterinarian does not approve the request, you will receive a notification with further instructions.
Due to state and federal regulations, prescription medications can only be shipped to a street address (home, work, etc.) They cannot be shipped to a P.O. Box. Most prescription products can be delivered without a signature. There are exceptions, however. Certain products (e.g., controlled substances and medications needing refrigeration) must be tracked and signed for.
Optimum Wellness Plan® discounts and other incentives for online purchases
Optimum Wellness Plan members will see their discount automatically applied to product purchases when logged into their Account. Discount will be applied to total eligible product purchase price excluding tax and shipping.
We may offer financial incentives from time to time, such as discounts or other benefits to clients who voluntarily sign up to receive marketing emails or complete a survey. The value of the personal information provided is reasonably related to the value of the incentive presented. For more information about the use of your data, please visit see our Privacy Policy, located at Privacy Policy
AutoShip
When you place your initial order for a product and enroll in AutoShip, you will receive a notice that your subscription has been created and your first order will be processed. Your AutoShip subscription will thereafter automatically create a new order according to your chosen delivery schedule, until you cancel. Orders can be cancelled up to three (3) days prior to your next scheduled ship date.
Credit card authorizations and charges
When you sign up for AutoShip, you will be required to expressly agree to permit us to charge your chosen payment method on a recurring basis, as well as the amount of the charge, which amount shall be set as described below. Banfield will submit periodic charges (e.g., monthly) to your chosen payment method without further authorization from you, until you provide prior notice that you wish to cancel or to change your payment method.
For orders AutoShip orders placed within the hospital, your payment method will be charged immediately for the first order.
For initial AutoShip orders placed on the website and for all subsequent recurring orders approximately 24 hours prior to the designated ship date a payment authorization hold will be placed on your chosen payment method. Once your order is processed and your order ships, your payment method will be charged for the authorized amount. For clarification purposes only, a payment authorization hold is not an actual charge, i.e., if an authorization hold is placed for $49 on January 1 and your payment method is charged $49 on January 2 when your order is shipped, you will only see one actual charge on your payment method on January 2 for $49. An authorization hold may impact the amount of remaining credit available to you under your chosen payment method.
Pricing; payment; renewal; cancellation
The total price charged to your credit card for all AutoShip items will be based on the price of the product or prescription on the day the order is processed, which has the potential to be higher than the price on the date you enroll in AutoShip for the product or prescription. All AutoShip items are subject to shipping charges, and applicable sales taxes, as stated above.
The charge for each shipment will be billed to the payment method used to create your AutoShip subscription or as otherwise updated by you. If we are unable to complete your AutoShip order with the payment method you used to create your subscription, we will notify you and give you the opportunity to add another payment method in your account and to charge the payment method for your AutoShip order.
Except where required by law, AutoShip subscriptions for non-prescription products will continue indefinitely unless/until cancelled by you. AutoShip subscriptions for prescription items will continue through a prescription’s term, including refills, unless otherwise canceled by you. You can cancel at any time. A cancellation must be received three (3) days before your next AutoShip order is processed. All products and prescriptions are subject to changes in packaging and pricing. If we discover that an item included in your AutoShip subscription has been discontinued or altered, we will cancel that item and contact you with additional information.
Need to cancel or change your AutoShip subscription or have questions?
You can cancel or change your AutoShip subscription by logging into your account -> click on My Orders -> click on AutoShip Orders -> select to product you would like to cancel -> submit cancellation reason or you can contact Banfield at 888-626-3992 or by email at [email protected].
Intellectual property ownership; copyrights, patents, and trademarks
All copyrights, patents, and trademarks, as well as other intellectual property rights that may exist in the artwork, graphics, text, video and audio clips, trademarks, logos, HTML code, icons, photographs, and other content available on the Sites (“Content”), are owned by Banfield or are used with permission.
Although you can copy any part of the Sites to your own computer for your personal use, you may not copy or incorporate any of the Content available on the Sites into any other work, including your own web site, or use the Content in any other public or commercial manner. That means you may not post or redistribute any portion of our Sites unless you have a license from us to do so. That also means that Banfield retains full and complete title to all such Content, including any downloadable software or code, any images incorporated in or generated by the software, and all data accompanying it. You must not copy, modify, reproduce, upload, transmit, distribute, reverse-engineer, disassemble or otherwise convert it to another form.
You may not change any of the notices regarding copyright, trademarks, or other marks that may accompany the Content. You may link to the home page of our Sites, but please do not use our Content on your own site. You may not deep link (i.e., link to any page other than the home page) to our Sites without our specific written permission.
Submission of transmissions
With regards to your submissions on the Sites, we will respect your rights regarding the protection of personal data, subject to the following terms, conditions, and limitations:
Discussion groups and social networking services. "Forum" means a blog, discussion group, chat area, social networking service, or any other bulletin board or email function or other function provided by the Sites in which visitors post or otherwise contribute information. By using any Forum, you agree that you will comply with the rules, representations, and warranties set forth in this Agreement.
Account profiles. Do not give out to others or display in any Forum any information that you do not want to be made public. Disclosure of your full name, email address, street address, phone number, or password creates safety risks and may result in unsolicited communications.
Registration information. If you are required to register in order to participate in a Forum, the information you provide during the registration process must be accurate and complete. You agree not to: (a) register more than once or use more than one username; (b) register under the name of any other person or choose a username that suggests you are or are affiliated with, any other person or entity; (c) select a username that is offensive; (d) choose a username or provide information that is deceptive or misleading to others or that incorporates a solicitation.
Transmissions. You will own all messages, feedback, material, information, reviews and ideas you transmit to or post on the Sites (each, a "Transmission"), including without limitation on any Forum; however, you expressly grant (or warrant that the owner of the rights to the Transmissions has expressly granted) to Banfield a non-exclusive, worldwide, perpetual, royalty-free license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, transmit and display those Transmissions and to incorporate the Transmissions into any other works in any form, media or technology now known or developed in the future, and Banfield may use or disclose those Transmissions for any purpose, including without limitation developing, manufacturing and marketing goods and/or services, and you warrant that all "moral rights" in those Transmissions have been waived. Notwithstanding the foregoing, Banfield is not required to use any Transmission. Banfield will treat Transmissions as non-confidential and non-proprietary; however, Banfield will handle all personal data provided to Banfield in the manner provided in Banfield's Privacy Policy, located at Privacy Policy. Transmissions in the form of customer reviews must be based on a recent genuine purchasing experience with Banfield Shop. By sending any Transmission to the Sites, you further agree that: the Transmission does not (i) violate any law, regulation, or third-party right; (ii) contain any nudity, pornographic, or other adult material; (iii) contain any obscenities or material that libels, slanders or defames any person, facility, company, organization, or product; (iv) invade the privacy of any person, infringe the copyright, trademark, trade secret right or other proprietary rights of any person, or constitute an unfair or improper trade practice or other wrongful business conduct; (v) contain any instructions or discussions about illegal activities; (vi) encourage or promote any illegal activity or racism, (vii) promote or utilize software or services designed to deliver unsolicited email or to circumvent protective technologies in violation of the law, or (viii) otherwise violate this Agreement. You are solely responsible for your Transmissions, the consequences of making any Transmission, or your reliance on any Transmission.
Monitoring. Banfield reserves the right but is not obligated to: (a) record the dialogue on the Sites; (b) investigate an allegation that a Transmission does not comply with this Agreement and determine, in its sole discretion, to remove or request the removal of such Transmission; (c) remove Transmissions which are abusive, illegal, disruptive, or outdated, or that otherwise fail to comply with this Agreement; (d) terminate a user's access to any or all parts of the Sites upon any breach of this Agreement or the law; (e) monitor, edit, or disclose any Transmission; and/or (f) edit or delete any Transmission posted on the Sites, regardless of whether such Transmission violates this Agreement. Because Banfield does not monitor Transmissions on a constant, real-time basis, please report any objectionable postings to Banfield at [email protected].
Banfield is not responsible for transmissions. Because we do not control Transmissions, you acknowledge and agree that we are not responsible for any Transmissions and we make no guarantees regarding the accuracy, reliability, currency, suitability, or quality of any Transmissions, and we assume no responsibility for any Transmissions. Your interactions with other users of the Sites are solely between you and such user. You agree that Banfield will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any user of the Sites, we are under no obligation to become involved.
Use restrictions
You may not engage in any activities through the Sites which are unlawful, offensive, abusive, which violate the rights of third parties, or which inhibit other users from using and enjoying the Sites. You may not monitor or copy Content on the Sites, by using any robot, “bot,” spider, crawler, or other automatic device or manual process, without our written permission, or engage in any activity which interferes with the proper working of the Sites.
You may not use the Sites: (i) for any commercial purpose, including without limitation advertisements; (ii) to solicit funds, goods or services; (iii) to solicit other visitors to the Sites to join or become a member of any commercial online club, service or other organization; (iv) to post chain letters or pyramid schemes; or (v) to post a link to any website that contains or does any of the prohibited actions described in this Agreement.
If Banfield sends you communications regarding your violations of this Agreement, you agree not to disclose or otherwise make public (e.g., on any Forum or anywhere else on the Internet) any such communications Banfield sends you concerning your participation in any Forum or any related matters or otherwise disparaging Banfield, its services, products or business practices.
You agree not to violate or attempt to violate the security of the Sites, including without limitation: (a) accessing data that is not intended for your use; (b) using any other person's username or password or otherwise logging on to a server or account that you are not authorized to access; (c) probing, scanning or testing the vulnerability of any system or network related in any way to the Sites without proper authorization; (d) breaching security or authentication measures without proper authorization; (e) interfering with service to any host, network, other user, including without limitation, sending unsolicited email, flooding, spamming, mailbombing, or crashing; (f) sending promotions and/or advertising products and/or services; or (g) attempting to do any of the preceding.
Intended for users over 13 years of age
The safety of children is very important to us. Although the Sites are intended for use by persons at least 13 years of age, and we have processes in place to help prevent participation in our Sites’ communities and use of our services by persons under 13 years of age at time of registration, we cannot prohibit minors from visiting the Sites and must rely on parents and guardians (at least 18 years of age at time of use) to decide which materials are appropriate for children under 13. We will not knowingly collect personal information from children. Please see our Privacy Policy for more information. The Sites do not sell products for purchase by children. If you are under 18, you may use the Sites to purchase products only with the involvement of a parent or guardian.
No endorsements
Although the Sites may refer to products or services of third parties or link to third-party sites or information, we do not endorse or make any warranties or representations about them. Any links to other sites are provided for your convenience only. You need to make your own decisions regarding third-party products, services, and websites.
Pet health records and other information provided by Banfield
If you have chosen to access your pet's health records or other information via the Sites, you consent to receiving certain electronic pet health care records, including but not limited to vaccination records, which may be provided via a web browser or email application connected to the Internet. Any questions about your pet’s health as indicated in the records should be directed to the veterinary hospital team. The information contained on the Sites have been collected and/or prepared by Banfield as a service to its visitors. While Banfield has used reasonable efforts to verify that the information on the Sites are useful to its visitors, Banfield does not warrant or guaranty its accuracy or timeliness. If you chose to order pet medications via the Sites you are waiving the confidentiality of those order records, if otherwise applicable, as to the chain of third persons necessary to fill those prescriptions.
Disclaimer of professional advice
The Content provided on the Sites are for informational purposes only. None of the content on the Sites are intended to constitute medical advice, veterinary advice, or any other advice of a professional nature. The content on the Sites should not be used as a substitute for professional advice. Nothing on the Sites are intended to be used for medical diagnosis, treatment, or any other medical service and should not be relied upon to guide or influence the medical therapy of any pet. Please be advised that nothing transmitted to or from the Sites constitutes the establishment of a veterinarian-client-patient relationship between you and any professional. You should always consult your own veterinarian, health care professional, or other applicable professional for advice before making important decisions about your pet’s health. Your reliance on the content of the Sites is solely at your own risk.
Medical emergencies
For any medical emergency, immediately contact your own doctor, health care professional, veterinarian, or other applicable professional for advice. While we strive to answer most questions within one business day, due to the nature of the volume of requests we receive, we make no guarantee of the time it will take to answer your question. We cannot answer every question received or diagnose specific health conditions over the internet in the absence of a veterinarian-client-patient relationship... Delays may occur due to incorrect email addresses on your end or our messages to you being filtered by spam filters.
Privacy policy
Please ensure that you read our Privacy Policy, located at Privacy Policy in order to learn about what personal information we collect on the Sites, how we handle it, and for what purposes we use it.
Provisions related to Banfield mobile apps
The following additional terms of use apply to your use of any mobile application (“App”) made available by Banfield. By using the App, you agree to these additional terms.
License agreement
Limited license. Banfield hereby grants to you a non-exclusive, non-transferable, revocable limited license to download, install and/or use an object code copy of the App for one registered account on one mobile device owned or leased solely by you. All rights not expressly granted in this Agreement are reserved by Banfield and/or its licensors. You acknowledge that we may from time to time issue updated versions of the App, and may automatically update the version of the App that you are using. You consent to such automatic updating and agree that this Agreement will apply to all such updates. Any use of third-party software provided in connection with the App, or any third-party services made available through the App, will be governed by such third-party licenses and not by this Agreement.
Ownership. The foregoing license grant is not a sale of the App or any copy thereof. Any and all rights in the App, including all copyrights, are and shall remain the exclusive property of Banfield and/or its licensors. Nothing in this Agreement intends to transfer any such rights to, or to vest any such rights in, you. You are only entitled to the limited use of the App granted to you in this Agreement. You will not take any action to jeopardize, limit or interfere with Banfield’s and/or its licensor’s rights.
Restrictions. No license is granted to you by this Agreement in the human readable code, known as the source code, of the App, and no rights are granted to you by this Agreement in any patents, copyrights, trade secrets, trademarks or any other rights in respect of the App. In addition, no license is granted to you by this Agreement to decompile, reverse engineer, disassemble or modify the App. Further, no license is granted to you by this Agreement to (i) remove, efface or obscure any copyright or other proprietary notices from the App or (ii) exploit, copy, reproduce, sublicense, transfer or assign the App.
Additional terms for Apple and Android devices
Apple devices. The following additional terms apply to any App we provide to you for use on an Apple iOS-powered mobile device (“iOS App”):
- You acknowledge that this Agreement applies to you and us only, and not Apple, Inc. (“Apple”);
- You agree that your use of our iOS App will comply with Apple’s then-current App Store Terms of Service;
- You acknowledge that we, and not Apple, are solely responsible for our iOS App and the services and content available thereon;
- You acknowledge that Apple has no obligation to provide maintenance and support services with respect to our iOS App, and to the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to our iOS App;
- You agree that we, and not Apple, are responsible for addressing any claims by you or any third-party relating to our iOS App or your possession and/or use of our iOS App, including, without limitation: (a) product liability claims; (b) claims that the iOS App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. You acknowledge that all such claims are governed solely by these Terms of Use and any law applicable to us as provider of the iOS App;
- You agree that we, and not Apple, are responsible, to the extent required by this Agreement, for the investigation, defense, settlement and discharge of any third party intellectual property infringement claim related to our iOS App or your possession and use of our iOS App;
- You represent and warrant that (a) you are not located in a country that is subject to a U.S. or other government restriction or embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. or other government list of prohibited or restricted parties;
- You agree to comply with all applicable third-party terms of agreement when using our iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS App); and
- We and you agree that Apple and Apple’s subsidiaries are third-party beneficiaries to this Agreement as they relate to your license of our iOS App, and that upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as they relate to your license of the iOS App.
Android devices. The following additional terms apply with respect to any mobile application that we provide to you designed for use on an Android-powered mobile device (an “Android App”):
- You acknowledge that this Agreement apply to you and us only, and not Google, Inc. (“Google”);
- You agree that your use of our Android App will comply with Google’s then-current Android Market Terms of Service;
- You acknowledge that Google is only a provider of the Android Market where you obtained the Android App, and that we, and not Google, are solely responsible for our Android App and the services and content available thereon and Google has no obligation or liability to you with respect to our Android App or this Agreement; and
- You acknowledge and agree that Google is a third-party beneficiary to this Agreement as they relate to our Android App.
USE OF THE SITES: LIMITATION OF LIABILITY AND DISCLAIMER
NEITHER BANFIELD NOR ANY OF ITS AFFILIATES, NOR ANYONE WHO HELPED DEVELOP, CREATE, PRODUCE OR DELIVER THE CONTENT ON THE SITES, PRODUCTS, OR SERVICES (COLLECTIVELY FOR THIS SECTION, “THIRD -PARTIES”) ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, INJURY, DAMAGES FOR LOSS OF USE, LOSS OF LIFE, LOSS OF DATA OR LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF OR INABILITY TO USE BANFIELD’S SITES, PRODUCTS OR SERVICES, HOWEVER CAUSED, UNDER A CLAIM OF ANY TYPE OR NATURE, BASED ON LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE), REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES EXCEPT WHERE THEY ACTED WILLFULLY OR WITH GROSS NEGLIGENCE OR THAT LIABILITY MAY NOT OTHERWISE BE LAWFULLY EXCLUDED.
THIS EXCLUSION WILL NOT COVER LIABILITY FOR DEATH OR PERSONAL INJURY OR LIABILITY FOR A BREACH OF STATUTORY OR CONTRACTUAL DUTIES.
YOU EXPRESSLY AGREE THAT YOUR USE OF BANFIELD’S SITES, PRODUCTS OR SERVICES IS AT YOUR OWN RISK. WITHOUT LIMITING THE FOREGOING, AND TO THE EXTENT PERMITTED BY LAW, THE FUNCTIONS CONTAINED IN THE SITES, THE OPERATIONS OF THE SITES AND ALL CONTENT, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES MADE AVAILABLE ON THE SITES ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR NON-INFRINGEMENT (BUT EXCLUDING ANY IMPLIED WARRANTY OR CONDITION WHICH MAY NOT BE LAWFULLY EXCLUDED). THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF BANFIELD’S SITES, PRODUCTS, OR SERVICES. THERE IS NO WARRANTY THAT BANFIELD’S SITES, PRODUCTS, OR SERVICES, THE INFORMATION CONTAINED IN IT OR OUR EFFORTS WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS. BANFIELD CANNOT AND DOES NOT WARRANT THAT YOUR USE OF A SITE AND THE CONTENT, PRODUCTS AND SERVICES MADE AVAILABLE OR PURCHASED THROUGH THE SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED OR THAT THE WEBSITE AND/OR THE SERVERS THAT MAKE THE SAME AVAILABLE ARE FREE OF VIRUSES, CLOCKS, TIMERS, COUNTERS, WORMS, SOFTWARE LOCKS, DROP DEAD DEVICES, TROJAN-HORSES, ROUTINGS, TRAP DOORS, TIME BOMBS OR ANY OTHER HARMFUL CODES, INSTRUCTIONS, PROGRAMS OR COMPONENTS. NEITHER BANFIELD NOR ITS THIRD PARTIES HAS ANY RESPONSIBILITY FOR YOUR ACTION OR INACTION IN CONNECTION WITH BANFIELD’S SITES, PRODUCTS, OR SERVICES OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGES YOU MAY INCUR IN CONNECTION WITH YOUR USE OF BANFIELD’S SITES, PRODUCTS, OR SERVICES. NEITHER BANFIELD NOR ITS THIRD PARTIES WARRANT THE ACCURACY, INTEGRITY OR COMPLETENESS OF THE CONTENT PROVIDED ON THE SITES OR THE PRODUCTS OR SERVICES OFFERED FOR SALE ON THE SITES. BANFIELD MAKES NO WARRANTY THAT THE QUALITY OF THE PRODUCTS OR SERVICES PURCHASED BY YOU WILL MEET YOUR EXPECTATIONS.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY BANFIELD OR ITS THIRD PARTIES SHALL CREATE A WARRANTY, EXCEPT WHERE THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES IS PROHIBITED BY LAW. ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY BANFIELD SHOULD NOT BE SOLELY RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. INFORMATION REGARDING SPECIFIC THERAPIES OR STANDARDS OF CARE SHOULD BE VERIFIED THROUGH OTHER RELIABLE AND TRUSTWORTHY SOURCES.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS BANFIELD AND ITS PARENT, SUBSIDIARIES AND AFFILIATES AND THEIR OWNERS, SHAREHOLDERS, OFFICERS, DIRECTORS, AFFILIATES, EMPLOYEES, SUPPLIERS AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES AND COSTS) DUE TO, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (I) YOUR PURCHASES, (II) ORDERS MADE USING YOUR ACCOUNT OR PASSWORD, (III) YOUR USE, HANDLING, REPACKAGING, STORAGE AND/OR DISTRIBUTION OF PRODUCTS, (IV) BREACH OF ANY PROVISION OF THESE TERMS BY YOU OR ANY THIRD PARTY USING YOUR ACCOUNT OR PASSWORD; AND (V) YOUR USE OF THE SITES.
YOU AGREE THAT MARS AND ITS WORLDWIDE AFFILIATES ARE NOT RESPONSIBLE OR LIABLE FOR ANY DEFAMATORY, OFFENSIVE, INFRINGING, OR ILLEGAL CONDUCT OF ANY OTHER VISITOR TO THE SITES OR ANY OTHER THIRD PARTY.
Copyright agent
It is our policy to respond appropriately to notices of alleged infringement that comply with the U.S. Digital Millennium Copyright Act (“DMCA”), including by removing or disabling access to material claimed to be the subject of infringing activity. You should send any claims or notices of infringement relating to the Sites or any Content or Transmissions to Banfield's designated DMCA agent:
Copyright agent
c/o Tonkon Torp LLP
1600 Pioneer Tower
888 S.W. Fifth Avenue
Portland, Oregon 97204
Attention: Christopher Erickson
Telephone: 503-802-2177
Fax: 503-972-3877
Email: [email protected]
Please do not send any other correspondence or inquiries to our DMCA agent; he will only respond to DMCA notices and inquiries.
Other
If any provision of this Agreement is found to be void, unlawful, or unenforceable for any reason, that portion shall be deemed severable from these terms and shall not otherwise affect the validity and enforceability of any remaining provisions. Banfield enters into this Agreement on its own behalf and on behalf of each of its affiliates. Accordingly, Banfield holds the benefit of and may enforce this Agreement on behalf of those affiliates. Banfield reserves the right to pursue any remedy available to it at law or in equity if you breach this Agreement. This Agreement and all transactions contemplated hereby shall be deemed made and entered into in the State of Delaware and shall be governed by the internal laws of the State of Oregon, but excluding its and all other jurisdictions choice of law principles. You agree to and submits to the exclusive jurisdiction of courts of or in the State of Oregon over any disputes under this Agreement and waive any objection to the jurisdiction. To the extent feasible, the parties desire to resolve any dispute, claim or controversy arising out of or relating to your use of or access to our Sites, this Agreement or the breach, termination, enforcement, interpretation, or validity of this Agreement (each a “Dispute”) through discussions and negotiations between each other. The parties agree to attempt to resolve any Disputes by negotiation with the other party (by phone, electronic correspondence, or written correspondence). If we are not able to resolve any Dispute ourselves within 60-days of your notification to Banfield of any Dispute, either party may initiate legal proceedings in accordance with this Section.
Notices, questions, communications
If you wish to contact Banfield, please use one of the methods below based on the nature of your inquiry:
Online product purchases. [email protected] or 888-626-3992, Monday through Friday between 10 a.m. and 7 p.m., Eastern Time. If by email, please include your name and order number in your email.
Individual Vet Chat Subscriptions. [email protected] or 888-653-0356, Monday through Friday between 9 a.m. and 9 p.m., Eastern Time. If by email, please include your name and order number in your email.
Copyright. Please contact our Copyright Agent.
All other inquiries. [email protected] or telephone Banfield Cares Team at 800-838-6738, Monday through Friday between 9 a.m. and 8 p.m., Eastern Time.
Updated October 2021