LAST UPDATED: AUGUST TKTK, 2023

This Web site https://petfive.com/ is owned and operated by Petfive Brands Hold Sub LLC and its affiliates (“Petfive,” “we,” “our,” and “us”). Throughout these terms and conditions of use, the words “you” and “your” refer to the user visiting the Site. These terms and conditions of use (“Terms of Use”) set forth the legally binding terms for your use of the Site. By accessing or using this Site in any manner, you signify your agreement to: (i) these Terms of Use, (ii) our Privacy Policy (the “Privacy Policy”), and (iii) any other legal notices, conditions or guidelines located within the Site. These Terms of Use apply to our Web site or any other Petfive online service or application as well as any features, widgits, plug-ins, content, downloads or other services that are offered, or such other Petfive online service or application that posts a link to these Terms of Use, (collectively, the “Site(s)”). These Terms of Use will apply regardless of how you access or use the Site, whether it be via computer, tablet, mobile device, smart watch, console, or otherwise.Many mobile applications that post a link to this page. If you do not agree to any of these Terms of Use or the Privacy Policy, please do not use the Site and exit now.

Important Legal Information about Privacy

The terms and conditions of Petfive’s Privacy Policy, which is available here, apply to your use of the Site, form an integral part of your agreement with us, and are incorporated by reference into these Terms of Use. You should read the Privacy Policy carefully before you use our Site since, by using the Site, you will be agreeing to everything in these Terms of Use, including the terms contained in our Privacy Policy.

Modification to These Terms of Use and Our Site

We may add to, update, delete from or modify the Site at any time in our sole discretion. We reserve the right, at any time and from time to time, for any reason, to change the Terms of Use. We may post or display notices of changes to the Terms of Use on the Site or may notify you of such changes. Once posted, these changes to the Terms of Use become effective immediately. If any change that we make is not acceptable to you, promptly stop using the Site. Any use by you of the Site after any changes to our Terms of Use become effective will signify your agreement to those changes. You should check back regularly and review these Terms of Use so that you are aware of the most current rights and obligations that apply to your agreement with us. Nothing in these Terms of Use confers any third-party rights or benefits to you.

Access and Use of Site

These Terms of Use apply to all users of the Site. We provide the Site Content (defined below) as a courtesy to our users and intend it for general, informational and educational purposes only. All information from this Site is subject to change without notice. We permit you to access and use the Site Content for personal, non-commercial purposes only and hereby give you permission to download and print Site Content for the sole purposes of viewing, reading, and retaining the materials for non-commercial use. Any other copying, distribution, retransmission, or modification of Site Content, whether in electronic or other form, is prohibited without our express prior written permission. You agree that you will not disassemble, decompile, reverse engineer or otherwise modify the Site Content, any material on this Site or the Site software. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable laws.

Eligibility

You must be at least 18 years old to use the Site. By using the Site, you affirm that you are 18 years of age or ‎older and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, ‎and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.‎

Intellectual Property Rights

Unless otherwise noted, all photographs, pictures, graphics, and all other images, including digital, printed and video images, and portions thereof, and all content, data, information, news, and all other text and materials, including digital, printed and audio materials, along with the layout and design of the Site and all documentation, data, services, features, products and other content at the Site are described here collectively, as “Site Content.”

The Site, Site Content and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Petfive, subject to applicable intellectual property rights under United States and foreign laws and international conventions. You in no way will obtain any ownership interest or rights in the Site Content or Marks contained on this Site. Petfive reserves all rights not expressly granted in and to the Site and the Site Content. If you download or print a copy of the Site Content for personal or educational use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with any security related features of the Site or features that prevent or restrict use or copying of any Site Content or enforce limitations on use of the Site or the Site Content.

Indemnification

By accessing the Site, you agree to indemnify us and any parent, subsidiary or affiliated entities, and respective directors, officers, employees, agents and consultants, and hold them harmless from any and all claims and expenses, including attorney’s fees, arising from your use of the Site or your violation of any term of these Terms of Use.

Disclaimer

We do not warrant that the Site will be uninterrupted or error-free, that defects will be corrected, or that this Site or the server(s) that make it available (or any hyperlinked site) are free of viruses or other harmful components or that our Site, server(s), or hyperlinked sites will be accessible at all times. Reliance on any Site Content is done so entirely at your own risk with no liability to Petfive. You assume the entire cost of all necessary servicing, repair or correction to any equipment you use to access the Site. To the extent that applicable law may not allow the exclusion of implied warranties, the above exclusions may not apply to you.

Site Content, documents, information, graphics and other materials appearing on the Site may include technical inaccuracies, miscalculations, typographical errors, and out-of-date information and use of such documents, information, graphics or other materials is at your own risk.

Limitation of Liability

To the fullest extent permissible pursuant to applicable law, Petfive shall not be liable for any damages (including, but not limited to, direct, indirect, incidental, special or consequential damages), whether based on warranty, contract, tort, or any other legal theory, including, but not limited to, damages for loss of data or other damage to any other intangible property (even if Petfive has been advised of the possibility of such damages) resulting from: (i) the use or inability to use this Site; or (ii) the disclosure of, unauthorized access to, or alteration of any transmission or data.

Links to Other Websites and Services

To the extent that the Site contains links to other Web sites and outside services and resources, we do not control the availability and content of those Web sites, services or resources, nor do we necessarily review or endorse materials available at or through such other Web sites. Viewing other Web sites or utilizing outside services and resources is at your own risk. Accordingly, we encourage you to be aware when you leave our Site and to read the terms, conditions and privacy policy of each Web site that you visit. We shall not be liable for any loss or damage caused or allegedly caused by or in connection with use of or reliance on any content, goods or services available on or through any such Web site or resource.

Other Restrictions on Conduct

You must provide true and accurate information to our Site. You are prohibited from misrepresenting your information or tampering with our Site. You agree not to disrupt, modify or interfere with the functioning of our Site or any services provided on or through it. You further agree not to disrupt, modify or interfere with any software, hardware or servers associated with our Site, and you agree not to impede or interfere with others’ use of our Site. You also agree not to alter or tamper with any information or materials on, or associated with, our Site or services provided on or through it.

Governing Law, Forum; Entire Agreement

These Terms of Use are governed by the laws of the State of Florida. Any claim or dispute between you and Petfive that arises in whole or in part from your use of the Site shall be decided exclusively by the federal or state courts residing in the Southern District of Florida, located in Miami Florida. You hereby stipulate to the fairness and convenience of proceedings in such courts for all disputes arising out of or relating to the use of the Site. These Terms of Use, together with the Privacy Policy, and any other documents or polices referenced herein constitute the entire agreement between you and Petfive regarding the use of the Site and the content and services provided on the Site.

Severability and Enforceability

If any provision or portion of these Terms of Use is held illegal, invalid, or unenforceable (in whole or in part) it will not affect the legality, validity or enforceability of any other provisions or portions of these Terms of Use and will be modified to the minimum extent necessary to correct any deficiencies or replaced with a provision which is as close as is legally permissible to the provision found invalid or unenforceable.

Termination/Exclusion

We reserve the right, in our sole discretion, to revoke any and all privileges associated with accessing and/or using the Site, and to take any other action we deem appropriate. We may terminate or suspend your use of the Site, for no reason or any reason whatsoever, including improper use of this Site or failure to comply with these Terms of Use.

General

We may assign, novate or subcontract any or all of our rights and obligations under these Terms of Use at any time.

You acknowledge and agree that any questions, testimonials, comments, suggestions, ideas or other information provided by you to Petfive shall become the sole property of us, with no obligation of confidentiality. Petfive shall be entitled to the unrestricted use and dissemination of these submissions for any purpose, commercial or otherwise without any acknowledgement of or compensation to you. If you have any questions regarding these Terms of Use, please contact Petfive by e-mail at contact@petfive.com.