Website Terms of Use

These terms and conditions are entered into by and between you and PetFriendly, Inc. ("PetFriendly", "we", "our" or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these "Terms of Use"), govern your access to and use of our website petfriendlybox.com, including any content, functionality, and services offered on or through petfriendlybox.com, and Chat Sessions (collectively, the "Website"), whether as a guest or a registered subscriber.

Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at petfriendlybox.com/privacy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

Products offered through or on this Website are not reviewed by a veterinarian for use with your particular pet. AN EVALUATION OF YOUR PET'S MEDICAL CONDITION SHOULD BE PERFORMED BY A TRAINED PROFESSIONAL BEFORE OUR PRODUCTS ARE ADMINISTERED TO YOUR PET.

1. Minimum Age.

This Website is made available only to users who are at least 18 years of age (or the applicable age of majority, if greater than eighteen (18) years of age in your jurisdiction). By using this Website, you represent and warrant that you are of legal age to consent to these Terms of Use.

2. Changes to these Terms of Use.

We may revise and update these Terms of Use from time to time at our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of the revised Terms of Use means that you accept and agree to the changes.

3. Changes to the Website.

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered members. You are responsible for making all arrangements necessary for you to have access to the Website and ensuring that all persons who access the Website through your account are aware of these Terms of Use and comply with them.

4. No Warranty.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WITH RESPECT TO THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, INCLUDING BUT NOT LIMITED TO THE PRODUCTS, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. YOU ARE RESPONSIBLE FOR CONFIRMING THAT THE PRODUCTS PURCHASED THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IN SUCH EVENT, TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO 90 DAYS.

a. The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

b. This Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by PetFriendly, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of PetFriendly. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

c. The information contained within this Website, including but not limited to any information provided as part of a Chat Session, is solely for informational purposes and is not intended to replace licensed professional veterinary care. This information is provided on an "as-is" and "as-available" basis, without warranty of any kind, express or implied. 

AN EVALUATION OF YOUR PET'S MEDICAL CONDITION SHOULD BE PERFORMED BY A TRAINED PROFESSIONAL BEFORE OUR PRODUCTS ARE ADMINISTERED TO YOUR PET. Always seek the advice of a qualified, licensed veterinarian provider. If you think your pet may be experiencing a medical emergency, immediately consult your primary veterinarian and/or take your pet to a licensed veterinarian or emergency animal medical center. You acknowledge and agree that it is your responsibility to confirm that the dosage of any product provided to you by us is appropriate for your pet.

d. We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

5. Registration.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

a. Access Credentials. If you choose or are provided with a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

6. Prohibited Uses.

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

a. In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

b. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

c. To send, knowingly receive, upload, download, use, or re-use any material which does not comply with the Content Standards set out in these Terms of Use.

d. To impersonate or attempt to impersonate PetFriendly, a PetFriendly employee, another user, or any other person or entity.

e. To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm PetFriendly or users of the Website or expose them to liability.

f. Use the Website in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party's use of the Website, including their ability to engage in real-time activities through the Website.

g. Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.

h. Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.

i. Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

j. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.

k. Otherwise attempt to interfere with the proper working of the Website.

7. Intellectual Property Rights.

a. The Website and its entire contents, features, and functionality (including but not limited to all information, product information, software, trademarks, trade dressing, or other marks, text, displays, images, video and audio, and the design, selection, and arrangement thereof), are owned by PetFriendly, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

b. These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

i. Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

ii. You may store files that are automatically cached by your Web browser for display enhancement purposes.

iii. You may print one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

iv. If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

v. If we provide social media features with certain content, you may take such actions as are enabled by such features.

c. You must not:

i. Modify copies of any materials from this site.

ii. Use any illustrations, photographs, video or audio sequences, or any graphics separately from PetFriendly text.

iii. Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

d. You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

e. If you wish to make any use of material on the Website other than that set out in this section, please address your request to: help@petfriendlybox.com.

f. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by PetFriendly. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

8. DMCA Copyright Notice.

If you are a copyright owner or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Website by completing a DMCA Notice of Alleged Infringement and delivering it to PetFriendly's agent identified below. Upon receipt of the Notice of Alleged Infringement as described below, PetFriendly will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Website. In accordance with 17 U. S. C. Section 512 ("DMCA"), the Notice of Alleged Infringement should include (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification and location of the copyrighted work that such party claims have been infringed upon; (c) a written statement by such party that it has a good faith belief that the disputed use is not authorized by the owner, its agent or the law; (d) such party's name and contact information, such as telephone number or e-mail address; and (e) a statement by such party that the above information in such party's notice is accurate and, under penalty of perjury, that such party is the copyright owner or authorized to act on the copyright owner's behalf. Notices of claim of copyright infringement should be submitted to Bart Dillashaw, PetFriendly's agent, in one of the following manners: By e-mail to office@elegalstudio.com; or by mail to Enterprise Legal Studio, Attn: Bart Dillashaw, 700 R St., #83204, Lincoln, NE 68501.

a. If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your Notice of Alleged Infringement may not be effective.

b. Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

9. Chat.

We may offer you the ability to enter into an instant messaging session ("Chat Sessions") with a PetFriendly Service Agent ("Agent"). PetFriendly reserves the right to refuse, discontinue, and/or block you from Chat Sessions for acts we consider to be inappropriate, such as unreasonable demands, misrepresentations, personally threatening or offensive language, and/or erratic behavior or acts that violate the Terms of Use. If you do not agree to the Terms of Use, including these provisions relating to the Chat Sessions, please do not use the Chat Session service. Please note that Agents are not able and will not fulfill certain types of requests

10. User Contributions.

The Website may contain interactive features such as the ability to post reviews and other features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Website. All User Contributions must comply with the Content Standards set out in these Terms of Use. Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose. You represent and warrant that:

a. You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.

b. All of your User Contributions do and will comply with these Terms of Use.

c. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not PetFriendly, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.

We have the right to:

a. Remove or refuse to post any User Contributions for any or no reason at our sole discretion.

b. Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion.

c. Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

d. Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.

e. Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

f. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU WAIVE AND HOLD HARMLESS PETFRIENDLY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

g. However, we do not undertake to review all material before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for the performance or nonperformance of the activities described in this section.

11. Content Standards.

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

a. Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.

b. Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

c. Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.

d. Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.

e. Be likely to deceive any person.

f. Promote any illegal activity, or advocate, promote, or assist any unlawful act.

g. Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.

h. Impersonate any person or misrepresent your identity or affiliation with any person or organization.

i. Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.

j. Give the impression that they emanate from or are endorsed by us or any other person or entity if this is not the case.

If you believe that any User Contributions violate your copyright, please see our Copyright Policy herein for instructions on sending us a notice of copyright infringement. It is the policy of PetFriendly to terminate the user accounts of repeat infringers.

12. Limitation of Liability.

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, MEMBERS, MANAGERS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY PRODUCTS PURCHASED THROUGH THE WEBSITE, OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. YOU AGREE COMPANY'S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS OF USE, THE WEBSITE, OR ANY PRODUCT PURCHASED OR SERVICES RECEIVED THROUGH THE WEBSITE WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT YOU PAID TO COMPANY IN THE THEN-PRIOR TWELVE MONTHS. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

13. Indemnification.

You agree to defend, indemnify, and hold harmless PetFriendly, its affiliates, licensors, and service providers, and its and their respective officers, directors, managers, members employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to (a) your violation of these Terms of Use, (b) your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website, or (c) your use of any services received or products purchased through the Website or your subscription.

14. Electronic Communications.

When you use the Website or send emails, text messages, and other communications from your desktop or mobile device to us, you are communicating 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 Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

15. SMS Marketing.

In addition, you agree to our Messaging Terms (https://terms.pscr.pt/legal/shop/d067ac/terms_of_service) and Messaging Privacy Policy (https://terms.pscr.pt/legal/shop/d067ac/privacy_policy).

16. Notice.

To give us legal notice or if you have any questions about these Terms of Use, please contact us at:

PetFriendly, Inc.

1229 Millwork Ave. #306

Omaha, NE 68102

help@petfriendlybox.com

UPDATED: 01/03/2024

Mobile Message Service Terms and Conditions

The PetFriendly mobile message service (the "Service") is operated by PetFriendly, Inc. (“PetFriendly”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to the Service, you agree to receive recurring SMS/MMS messages from and on behalf of PetFriendly through your wireless provider to the mobile number you have provided to us, even if your mobile number is registered on any state or federal “Do Not Call Registry”. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc. ). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with PetFriendly. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for any and all charges you incur from your wireless provider related to SMS/MMS messages.

You may opt out of the Service at any time. Text the single keyword command STOP to 1-(855) 499-1312 to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device unless initiated by you. If you have subscribed to other PetFriendly mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt-out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance, text HELP to 1-(855) 499-1312 or email help@petfriendlybox.com.

We may change any shortcode or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Policy.