TERMS AND CONDITIONS OF USE

The Website https://www.VetPetBox.com (hereinafter, “Website”) is owned and operated by 4 Paws Venture Group, LLC, d/b/a VetPet Box (hereinafter “VetPet Box”, “we” or “us”). This Website is for your personal, non-commercial use only. All services provided by VetPet Box via the Website, including without limitation, our monthly product and gift service and the educational portal on the Website (collectively, the “Services”) shall be governed by these Terms and Conditions of Use. The materials contained on this Website are protected by applicable intellectual property laws.

Acceptance of Terms

By accessing the Website or subscribing to our Services, you are agreeing to be bound by these Terms and Conditions of Use together with all applicable laws and regulations. If you do not agree with any of these terms, you should not use or access the Website. We may alter, suspend, or discontinue the Website or the Services in whole or in part, at any time and for any reason, without notice. Such changes and their effective date will be posted on the Website and if a change is not acceptable to you, you agree to terminate the use of the Services. Your continued use of the Services after the effective date of any such change constitutes your acceptance of all such changes.

Scope of Service

VetPet Box provides a (a) monthly subscription service for delivery of products consisting of treats, toys, accessories and wellness related products for your dogs, cats, puppies and kittens (the “Products”) which carry a veterinarian recommendation from us and or veterinarians associated with us and (b) gift subscription to other pet owners of one, three or six months of Products. In addition, we provide educational materials through the educational portal on the Website and through veterinary authored pamphlets, flyers, booklets or other printed information (“Printed Information”) delivered with the Products. For further information and disclaimers regarding the educational portal and Printed Information, please review the Disclaimer Policy. These disclaimers are in addition to the disclaimers set forth herein.

Website Content

The viewing, printing or downloading of any content, graphic, form, or document (collectively, the “Content”) from the Website grants you only a limited, non-exclusive license for use solely by you for your own personal, non-commercial use.

You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or offer for sale any information contained on, or obtained from, the Website. Illegal and/or unauthorized uses of the Website, including but not limited to collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited commercial email; using any information retrieval system, whether electronic or through other means, to reproduce any of the content of the Website other than for your personal use; and unauthorized framing or linking to the Website will be investigated and appropriate legal action will be taken, including civil, criminal, and injunctive redress.

The Content may contain typographical errors, other inadvertent errors or inaccuracies. We reserve the right to make changes to document names and content, descriptions or specifications of Products or Services, or other information without obligation to issue any notice of such changes.

User Information

Other than personally identifiable information, which is subject to the Website’s Privacy Policy, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication you transmit or post to the Website in any manner (“User Communications”) is and will be considered non-confidential and non-proprietary. We and our respective affiliates and our or their designees may use any or all User Communications for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. We may, but are not obligated to, monitor or review any User Communications. We will have no obligation to use, return, review, or respond to any User Communications. We will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We retain the right to remove any or all User Communications that includes any material we deem inappropriate or unacceptable.

Account Registration and Security

In order to start your ongoing monthly and/or gift subscription, you must register as a member on our Website. To register and to create your login profile, you must provide us with complete and accurate information. You will be asked for information about your pet including its size, age, aliments and preferences (for optimal Product selection), your name and shipping information including your address and billing information, your valid email address and a password. All information that you provide to VetPet Box, including your credit card information, is subject to our Privacy Policy. You must promptly update such information to keep it complete and accurate. You are responsible for protecting your login and password from unauthorized use, and you are responsible for all activity that occurs on your account (including without limitation financial obligations). You agree to notify us immediately if you believe that your login or password has been or may be used without your permission so that appropriate action can be taken. We are not responsible for losses or damages caused by your failure to safeguard your login and password. You may access the educational portal without creating an account.

Monthly Delivery

As a subscribed monthly VetPet Box member, each month we will ship you a package with a different selection of items for your pet that may consist of a selection of toys, treats, accessories or wellness related products. Each month of your subscription, the selection of Products may change. Quantities of some Products may be limited and stock cannot always be guaranteed.

YOU ACKNOWLEDGE AND AGREE THAT EACH MEMBERSHIP AUTOMATICALLY RENEWS UNLESS YOU CANCEL IT OR WE SUSPEND OR TERMINATE YOUR MEMBERSHIP IN ACCORDANCE WITH THESE TERMS AND CONDITIONS OF USE.

You authorize VetPet Box to submit monthly charges to your chosen payment method without further authorization from you. By purchasing a monthly membership subscription, you agree and acknowledge that your subscription has an initial and recurring payment charge at the then-current subscription rate and you accept responsibility for all recurring charges prior to cancellation, including where applicable, any charges processed by VetPet Box after the expiration date of your payment card.

Gift Subscriptions

If you order a gift subscription, you may select one, three or six month terms. You will be required to pre-pay for the entire gift subscription term and the subscription will not be renewed after the then-current term expires. You cannot cancel a gift subscription and the pre-paid fee is non-refundable, subject to our Return Policy. We reserve the right to revoke your subscription at any time as a result of a violation of these Terms and Conditions of Use or the Privacy Policy.

Billing and Payments

The first monthly installment price of the Products (or the entire cost of the gift subscription) is payable in full upon the placement of the first monthly subscription order (or the gift subscription order, as applicable) and prior to delivery of any Products. We accept the forms of payment stated on the Website. You will automatically be charged each month for your ongoing monthly subscription. You authorize us (and any third-party payment processor used by us) to charge your credit card for all monthly and gift subscriptions. In the event that the credit card we have on file has expired, you agree to promptly update your credit card information and you shall remain liable for all shipments of Products delivered which were not paid due to an expired credit card. We reserve the right to cancel your membership if you fail to update your credit card information. We also reserve the right to change the prices and available Products and memberships at any time. Any membership you have already paid for as of the date of any such change will not be affected by such change for the then current subscription period.

Shipping and Risk of Loss

The shipment of all Products is covered by our Shipping Policy. Please review the Shipping Policy before you elect to purchase a subscription for Products. We are not responsible for lost or damaged Products which we give the common carrier. Title and risk of loss pass to you upon our delivery of the Product to the common carrier.

Returns and Exchanges

All returns of Products are subject to our Return Policy. Please review the Return Policy before you elect to purchase a subscription for Products.

Local Taxes

You may be charged local sales tax or VAT, if applicable.

Membership Cancellations

To cancel your monthly subscription Service, please review the terms of our Cancellation Policy. All memberships are automatically renewed and must be cancelled by you in order for us to stop monthly shipments of Products.

We may terminate your monthly or gift subscription, without notice, for conduct we believe violates these Terms and Conditions of Use or our policies, is harmful to our business interests, or in the event your account has been inactive.

Links

The Website may provide links to other Websites or resources (“Linked Sites”). We have not reviewed these Linked Sites and are not responsible for the accuracy, content, privacy policies or availability of information found on Linked Sites that link to or from the Website. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party Website that links to or from our Website or third-party content on our Websites. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party Linked Sites or content. Use of any such Linked Site is at your own risk. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such Linked Sites and third-party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

Limitation of Liability

IN NO EVENT SHALL VETPET BOX OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AFFILIATES BE LIABLE TO ANY USER OF THE WEBSITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF THE USE, INABILITY TO USE, UNAUTHORIZED ACCESS TO OR USE OR MISUSE OF THE PRODUCTS OR THE WEBSITE OR ANY INFORMATION CONTAINED THEREON OR ANY INFORMATION ON THE PRINTED INFORMATION, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. YOU AGREE VETPET BOX’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS AND CONDITIONS OF USE, THE WEBSITE, THE CONTENT, OR ANY PRODUCT OR SERVICES WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT YOU PAID TO VETPET BOX IN THE THEN-PRIOR CALENDAR MONTH. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THESE TERMS AND CONDITIONS OF USE MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION HAS ACCRUED.

We are not the manufacturer of the supplied Products. We obtain them from a third-party manufacturer. Any claims you may have with respect to the manufacturing of the Products may only be asserted against the manufacturer and may not be asserted against us for any reason.

Disclaimer of Warranty

YOU ARE SOLELY RESPONSIBLE FOR DETERMINING IF THE PRODUCTS ARE SUITABLE FOR USE OR CONSUMPTION BY YOUR PET. WE ARE NOT ABLE TO PROVIDE ANY ASSURANCES REGARDING ALLERGIES.

UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR USE OF THE PRODUCTS, THE SERVICES OR YOUR RELIANCE ON ANY INFORMATIONIN ANY CONTENT OF THE WEBSITE. YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY ARISING FROM OR RELATING IN ANY WAY TO ANY PRODUCT SHALL BE ITS REPLACEMENT OR A CREDIT TOWARDS ANOTHER MONTHLY SHIPMENT, IN VETPET BOX’S DISCRETION.

YOU ACKNOWLEDGE THAT THE PRODUCTS ARE PROVIDED “AS IS, AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND INCLUDING, WITHOUT LIMITATION, ANY WARRANTY WITH RESPECT TO THE QUALITY, PERFORMANCE OR FUNCTIONALITY OF THE PRODCUTS OR WITH RESPECT TO THE QUALITY OR ACCURACY OF ANY INFORMATION OBTAINED FROM OR AVAILABLE THROUGH USE OF THE SERVICES OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. VETPET BOX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

The Website may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons. WE ARE NOT LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY THE WEBSITE BEING UNAVAILABLE AT ANY TIME.

Exclusions

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Indemnification

By using the Website, our Services, or supplied Products, you agree to indemnify, hold harmless and defend VetPet Box, its parent company, subsidiaries, affiliates or any of their respective officers, director, employees agents, successors, suppliers or manufacturers from any claims, damages, losses, liabilities, and all costs and expenses of defense (including, but not limited to, attorneys’ fees and court costs), resulting directly or indirectly from (a) a claim by a third party that arises in connection with use of the Website, Services, or Products by you or any other person accessing the Website using your member login account or (b) your breach of these Terms and Conditions of Use (by you or any third party). The foregoing indemnification shall survive any termination of these Terms and Conditions of Use or any cancellation of your membership subscription.

Equitable Relief

You acknowledge that monetary damages may not be a sufficient remedy for the breach of these Terms and Conditions of Use and that we shall be entitled without waiving any of our other rights or remedies, to such injunctive or equitable relief (“Equitable Relief”), as may be deemed proper by a court of competent jurisdiction. You hereby agree that in the event of a breach or threatened breach of these Terms and Conditions of Use by you, it will not be necessary to prove monetary damages and irreparable harm will be presumed. You further agree to waive any bond requirement, which may be imposed in order for VetPet Box to obtain any injunction against you.

Minors

The Services and the Website are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. Individuals under the age of 18 can use this Service only in conjunction with and under the supervision of a parent or legal guardian. In this case, the adult is the user and is responsible for any and all activities, subscriptions and purchases.

Intellectual Property Rights

The Website and all of its contents including, but not limited to, articles, other text, photographs, illustrations, graphics, product names, designs, logos, and the collection, arrangement, and assembly of all content (collectively, “the Intellectual Property”) are protected by copyright, trademark, and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is the exclusive property of VetPet Box. If you believe any content or material herein infringes your copyright, you may request that they be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an authorized representative and must include the following information: (1) identification of the copyrighted work that you believe to be infringed, including a description of the work and, where possible, a copy or the location of an authorized version of the work; (2) identification of the material that you believe to be infringing and its location, including a description of the material, its Website location or other pertinent information that will help us to locate the material; (3) your name, address, telephone number, and email address; (4) a statement that you have a good faith belief that the use of the materials is not authorized by the copyright owner, its agent, or the law; (5) a statement that the information in your claim is accurate; and (6) a statement that “under penalty of perjury,” you declare that you are the lawful copyright owner or are authorized to act on the owner’s behalf. Our agent for copyright issues relating to the Website is: the VetPet Box Administrator, and can be contacted at admin@vetpetbox.com.

In an effort to protect the rights of copyright owners, we maintain a policy for the termination, in appropriate circumstances, of users of the Website who are repeat infringers.

Jurisdictional Issues

We make no representation that information on the Website, or the Products or Services we provide, are appropriate or available for use outside the United States. Those who choose to access the Website from outside the United States do so on their own initiative and at their own risk and are responsible for compliance with applicable local laws.

Termination

Notwithstanding any other provision of these Terms and Conditions of Use, we may in our discretion change, discontinue, modify, restrict, suspend or terminate the Website or any part of it without any notice or liability to you or any other person. We may in our discretion and for our convenience at any time immediately terminate, temporarily or permanently, these Terms and Conditions of Use or your permission to access and use the Website without any notice or liability to you or any other person.

If these Terms and Conditions of Use or your permission to access or use all or any part of the Website is terminated for any reason, then these Terms and Conditions of Use will continue to apply and be binding upon you regarding your prior access to and use of the Website and anything connected with, relating to or arising therefrom. All indemnification and liability provisions shall survive the termination of these Terms and Conditions of Use.

Governing Law and Disputes

These Terms and Conditions of Use shall be governed and interpreted pursuant to the laws of the State of Texas, United States of America, notwithstanding any principles of conflicts of law.

All disputes arising out of or relating to these Terms and Conditions of Use, the Privacy Policy, the Website, the Products or Services or any other document or legal notice or agreement found on the Website shall be finally resolved by arbitration conducted in the English language in The Woodlands, Texas, U.S.A. under the commercial arbitration rules of the American Arbitration Association. All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Under no circumstances shall the arbitrator be authorized to award punitive damages, including but not limited to federal or state statutes permitting multiple or punitive damage awards. Any purported award of punitive or multiple damages shall be beyond the arbitrator’s authority, void, and unenforceable. BY AGREEING TO THESE TERMS AND CONDITIONS OF USE, YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND YOUR RIGHT TO HAVE A COURT HEAR CLAIMS ARISING IN CONNECTION WITH THESE TERMS AND CONDITIONS OF USE, AMONG OTHER WAIVERS OF RIGHTS SET FORTH HEREIN. Notwithstanding the foregoing, we shall be entitled to seek Equitable Relief in a court of law as set forth in these Terms and Conditions of Use.

General

Our failure to exercise or enforce any right or provision of these Terms and Conditions of Use shall not constitute a waiver of such right or provision by us. If any provision of these Terms and Conditions of Use is found by an arbiter or a court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbiter or court, as applicable, shall endeavor to give effect to the parties’ intentions as reflected herein, and the other provisions of these Terms and Conditions of Use remain in full force and effect.

Revisions to these Terms and Conditions of Use

These Terms and Conditions of Use may be revised at any time and from time to time without notice. By using the Website, you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

Privacy Policy

We respect your privacy, and are committed to reasonable measures to safeguard any personal information you may share with us. We have provided an explanation in detail on how we fulfill this commitment and urge you to read our Privacy Policy.

How to Contact Us

If you have any questions or comments about these Terms and Conditions of Use or the Website, please contact us by e-mail at support@VetPetBox.com. You also may write to us at:

4 Paws Venture Group, LLC
Attn: Customer Service
6700 Woodlands Parkway
Suite 230471
The Woodlands, TX 77382

Thank you for visiting our Website. These Terms and Conditions of Use were last updated on April 7, 2017.