ThrivingPets Terms of Use

ThrivingPets Terms of Use

  • Last updated: January 15, 2019

By clicking "sign in", "create account" or "submit order" and entering or otherwise using our website or mobile site (the "Site"), you agree to and accept these terms and conditions.

THESE TERMS AND CONDITIONS CONSTITUTE YOUR SERVICE AGREEMENT ("AGREEMENT") WITH THRIVINGPETS AND ANY OF ITS OWNED OR OPERATED SITES WHERE THESE TERMS OF USE ARE POSTED ("THRIVINGPETS"). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS FOR YOUR USE OF OUR SITE AND YOUR PURCHASE OR USE OF ANY PRODUCTS OR SERVICES OFFERED ON THE SITE. BY ACCESSING AND/OR USING THE SITE, YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THE AGREEMENT AND TO ABIDE BY ALL OF THE TERMS AND CONDITIONS SET FORTH HEREIN. YOU MAY NOT ACCESS OR USE THIS SITE OR ACCEPT THIS AGREEMENT UNLESS YOU ARE AT LEAST 18 YEARS OLD.

ARBITRATION NOTICE: YOU AND THRIVINGPETS AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND THRIVINGPETS WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

Electronic Communications

When you use our Site, or communicate with us electronically, you consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this Site. You agree that all communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Accounts

In order to use certain features of the Site (e.g., purchasing products and services (referred to collectively as "Products" herein) from the Site), you must register for an account with ThrivingPets ("ThrivingPets Account") and provide certain information about yourself as prompted by the Site registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Site does not violate any applicable law or regulation or the terms of this Agreement. You are fully responsible for all activities that are associated with your ThrivingPets Account.

Order Acceptance

The receipt of an order number or an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. ThrivingPets reserves the right, without prior notification, to limit the order quantity on any item and/or to refuse service to any customer. Verification of information may be required prior to the acceptance of an order. Prices and availability of products on the Site are subject to change without notice. Errors will be corrected when discovered and ThrivingPets reserves the right to revoke any stated offer and to correct any error, inaccuracy, or omission (including after an order has been submitted). ThrivingPets reserves the right, at its sole discretion, to refuse or cancel any order for any reason.

Product Descriptions

While ThrivingPets attempts to be as accurate as possible, ThrivingPets does not warrant that product descriptions on the Site are accurate, complete, reliable, current or error-free.

Pricing

"List Price" means the suggested retail price of a product as provided by a manufacturer, supplier or other retailers. Certain products may have a "Was Price" displayed, which is determined using recent price history of the product on ThrivingPets.com. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an items is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel our order and notify you of such cancellation.

AutoShip & Save

By checking "Add to AutoShip & Save" on the ThrivingPets product page, you agree to the AutoShip & Save Terms and Conditions ("AutoShip Terms") applicable to our subscription ordering program ("AutoShip").

AutoShip Order Changes

When you purchase any eligible product and add to AutoShip, you will be able to select how often you would like your product(s) delivered on an ongoing basis. ThrivingPets reserves the right to change AutoShip benefits at any time at its sole discretion. All changes will apply to future orders, including for current subscriptions.

AutoShip Pricing; Payment; Renewal

The amount charged for an eligible product will be the price of that item on our site at the time your order is processed. The total cost charged to your payment method for each AutoShip order will be the price of the item plus any applicable shipping charges and sales tax. The charge for each AutoShip item shipment will be billed to the payment method used to create your subscription or as otherwise directed by you. If we are unable to complete your AutoShip order with the payment method you used to create your subscription, you authorize us to update your subscription with another payment method in your account and to charge the payment method for your AutoShip order. Your subscription will remain in effect until it is cancelled. You can cancel at any time by logging in to your ThrivingPets Account.

Permissible Uses of Site

Subject to the terms of this Agreement, ThrivingPets grants you a limited, non-transferable, non-exclusive, license to access and make personal use of the Site. This license does not include any resale or commercial use of the Site features or content. No part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without ThrivingPets' express written consent.

ThrivingPets reserves the right, at any time, to modify, suspend, or discontinue the Site or any part thereof with or without notice. You agree that ThrivingPets will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or any part thereof.

Intellectual Property Rights

The Site contains valuable trademarks and service marks owned and used by ThrivingPets, including but not limited to, ThrivingPets and the ThrivingPets design logo (collectively, the "ThrivingPets Marks"). Any use of the ThrivingPets Marks without the prior written permission of ThrivingPets is strictly prohibited.

UNAUTHORIZED COPYING, REPRODUCTION, MODIFYING, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, MAKING DERIVATIVE WORKS OF OR DUPLICATING ALL OR ANY PART OF THE SITE IS PROHIBITED.

All other trademarks, service marks, product names, package designs and company names or logos associated with products that are not owned by us but appear on the Site are the property of their respective owners.

Limitations Regarding Information, Articles and Advice

ThrivingPets offers information, articles and advice to pet parents through this site for educational purposes only. Any information offered through this site is not intended to diagnose, treat or cure your pet and is not a substitute for veterinary care provided by a licensed veterinarian. For any medical or health related advice concerning the care and treatment of your pet contact your regular veterinarian.

User Content

"User Content" of the Site user means any and all information and content that such user submits to ThrivingPets by any means, including through social media (e.g., Facebook, YouTube, Instagram, Twitter), or uses with the Site (e.g., a user profile, product review, comments). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy or usefulness, or any disclosure that makes you or any third party personally identifiable. You hereby affirm, represent, and warrant that (i) you own, or have the necessary licenses, rights, and/or consents to use your User Content with the Site as described herein and (ii) your User Content does not violate the Acceptable Use Policy. You may not state or imply that your User Content is in any way provided, sponsored or endorsed by ThrivingPets. ThrivingPets may delete User Content at any time.

Acceptable Use Policy

You agree not to use the Site to collect, upload, transmit, display, or distribute any User Content (a) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) that is unlawful, harassing, abusive, tortious, threatening, harmful, abusive, invasive of another's privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive (e.g., material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual) or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; or (c) in violation of any law, regulation, or obligations or restrictions imposed by any third party. We reserve the right (but have no obligation) to review any User Content, investigate, and/or take appropriate action, at our sole discretion, if you violate the Acceptable Use Policy or any other provision of this Agreement.

Third Party Sites

The Site may contain links to, or advertisements for, third party web sites (collectively, "Third Party Sites") (for example, social media sites such as Facebook, YouTube, Twitter, or Instagram). Such Third Party Sites are not under the control of ThrivingPets and ThrivingPets is not responsible for any Third Party Sites. ThrivingPets provides links to these Third Party Sites only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites. You agree that you use all Third Party Sites at your own risk. When you link to a Third Party Site, the applicable service provider's terms and policies, including privacy and data gathering practices govern. You hereby release ThrivingPets, our employees, agents, and affiliates from claims, demands any and all losses, damages, rights, claims, and actions of any kind including personal injuries, death, and property damage, that are either directly or indirectly related to or arise out of any interactions with other Site users or Third Party Sites.

Disclaimer of Warranties

ThrivingPets intends for the information and data contained in the Site to be accurate and reliable but since the information and data have been compiled from a variety of sources, they are provided 'AS IS' and "AS AVAILABLE". You expressly agree that your use of the Site and any information contained therein is at your sole risk. NEITHER THRIVINGPETS NOR ITS THIRD PARTIES WARRANT THE ACCURACY, OR COMPLETENESS OF THE CONTENT PROVIDED ON THIS SITE OR THE PRODUCTS OR SERVICES OFFERED FOR SALE ON THIS SITE. WE CANNOT AND DO NOT WARRANT THAT YOUR USE OF THIS SITE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE. Accordingly, to the extent permitted by applicable law, ThrivingPets EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.

Limitation on Liability

IN NO EVENT SHALL THRIVINGPETS, OUR OFFICERS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR IN ANY WAY RELATED TO YOUR RELATIONSHIP WITH THRIVINGPETS, YOUR USE OF THE WEB SITE, PRODUCTS, OR THIRD PARTY SITES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE WEB SITE, PRODUCTS AND THIRD PARTY SITES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR IN ANY WAY RELATED TO YOUR RELATIONSHIP WITH THRIVINGPETS OR THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) THIRTY US DOLLARS ($30) OR (B) AMOUNTS YOU'VE PAID THRIVINGPETS IN THE PRIOR 12 MONTHS. WE AGREE THAT ANY CLAIM BETWEEN US MUST BE BROUGHT WITHIN TWO (2) YEARS.

Indemnity

You agree to indemnify and hold ThrivingPets, our officers, employees, agents, and affiliates harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (i) your use of the Site or Products, (ii) your User Content, or (iii) your violation of this Agreement.

Term and Termination

Subject to this Section, this Agreement will remain in full force and effect while you use the Site. We may (a) suspend your rights to use the Site (as well as your ThrivingPets Account) or (b) terminate this Agreement, at any time for any reason at our sole discretion, including for any use of the Site in violation of this Agreement. Upon termination of this Agreement, your ThrivingPets Account and right to access and use the Site will terminate immediately. ThrivingPets will not have any liability whatsoever to you for any termination of this Agreement.

Respect for Copyright Law

ThrivingPets respects the intellectual property of others and asks that users of our Site do the same. Except as authorized above, you are not permitted access or use of any of ThrivingPets' Intellectual Property without our prior written consent.

General

We reserve the right to make changes to this Agreement at any time. If you do not agree to be bound by the then current Terms and Policies, your sole remedy is not to use our Site. If any terms of this Agreement or other service terms are deeded invalid, void, or for any reason unenforceable, any such term shall be deemed severable and shall not affect the validity and enforceability of any other terms. The section titles in this Agreement are for convenience only and have no legal or contractual effect.

This Agreement constitutes the entire agreement between you and us regarding the use of the Site and the purchase of any Products on our Site. The terms of this Agreement shall be binding upon assignees.