Acceptance of Health Disclaimer

Welcome to the Website of Pet Wellness Direct, LLC ("Company", "we", “our” or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, the "Health Disclaimer"), govern your use of all our Websites, including but not limited to www.petwellnessdirect.com, and www.vetsmartformulas.com, including any content, functionality and services offered on or through our Websites, as well as any third-party locations where our products are sold (collectively referred to herein as the "Website(s)"), whether as a guest or a registered user.

Please read the Health Disclaimer before you start to use the Website or purchase our products. By using the Website and purchasing our products you accept and agree to be bound and abide by our Health Disclaimer. If you do not want to agree to this Health Disclaimer, you must not access or use the Website or purchase our products.

This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with The Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

HEALTH DISCLAIMER

Do not use our products without appropriate medical care and consultation. If you suspect your pet has a medical problem or disease, please consult your pet’s veterinarian or health care professional for proper diagnosis and treatment.

The opinions expressed on this Website or by the Company are published for educational and informational purposes only, and are not intended as a diagnosis, treatment or as a substitute for professional medical advice, diagnosis, and treatment. Please consult a veterinarian or other health care professional for your pet’s specific health care and/or medical needs or concerns.

The opinions expressed on this Website or by the Company are published for educational and informational purposes only, and are not intended as a diagnosis, treatment or as a substitute for professional medical advice, diagnosis, and treatment. Please consult a veterinarian or other health care professional for your pet’s specific health care and/or medical needs or concerns.

The Company disclaims any liability arising from your use of any information that we provide, including but not limited to any misunderstanding or misinterpretation of the information provided or for any adverse outcome from the use of our products.

The information on this Website is not intended or implied to be a substitute for professional medical advice, diagnosis or treatment. All content, including text, graphics, images and information, contained on or available through this web Website is for general information purposes only. The Company makes no representation and assumes no responsibility for the accuracy of information contained on or available through this web Website, and such information is subject to change without notice. You are encouraged to confirm any information obtained from or through this Website with other sources and review all information regarding any medical condition or treatment with your pet’s veterinarian or other health care professional.

This Website Does Not Provide Any Medical Advice

Information on this Website is provided for educational purposes only and is not intended as a substitute for the advice provided by your veterinarian or other healthcare professional. You should not use the information on this Website for diagnosing or treating a health problem or disease or prescribing any medication or other treatment. You should always speak with your veterinarian or other healthcare professional before taking any medication or nutritional, herbal or homeopathic supplement, or adopting any treatment for a health problem. If you purchase any products or services through a link on this Website, you should carefully read all product packaging, service descriptions and instructions, conduct your own research on the ingredients and dosing and discuss with your veterinarian or other healthcare professional before using our products, or any products. There may be risks associated with the products and services mentioned on this Website. You use these products and services of your own free will and accord, knowingly and voluntarily assuming all risks associated with such activities. If your pet has or suspect that your pet has a medical problem, promptly contact your health care provider. Never disregard professional medical advice or delay in seeking professional advice because of something you have read on this Website. Information provided on this Website and the use of any products or services purchased by you through a link on our Website DOES NOT create a doctor-patient relationship between you and any of the physicians or experts affiliated with our company or this Website. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease. Testimonials, case studies, and examples found on this Website are not intended to represent or guarantee that anyone will achieve the same or similar results. If we have disclosed typical results based on information provided to us by a manufacturer or other reputable third party source, you should presume that the typical results as stated are more reliable than the testimonials and other examples found on this Website. However, you should always perform due diligence and not take such results at face value. We are not responsible for any errors or omissions in typical results information supplied to us by manufacturers or other reputable third parties. If a product or service is new, you understand that it may not have been available for purchase long enough to provide an accurate results history.

We Do Not Provide Professional Advice

The information contained in or made available through the Website (including but not limited to product information, information provided by Company experts and doctors employed by or contracted by the Company, information contained on message boards, in text files, or in blogs) is for informational purposes, and cannot and is not intended to diagnose or treat a health problem or disease, or prescribe medication or stop your pet from taking any medication, or replace or substitute the services of trained professionals in any field, including, but not limited to, nutritional, medical, psychological, or legal matters. In particular, you should regularly consult a doctor, veterinarian, or a pet health care professional in all matters relating to your pet’s physical or mental health, particularly concerning any symptoms that may require in-office diagnosis or medical attention. We and our licensors or suppliers make no representations or warranties concerning any product, treatment, action, or application of medication, product or preparation by any person following the information offered or provided within or through the Websites. Neither we nor our partners, or any of their affiliates, will be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death. You alone are responsible and accountable for your decisions, actions and results in life, and by your use of the Websites and our products, you agree not to attempt to hold us liable for any such decisions, actions or results, lack of results, at any time, under any circumstance.

Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, 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 this Medical Disclaimer, but not limited to, your use of the Website, the products promoted and sold by the Company, any of your contributions or content posted on the Website, any use of the Website's content, services and products, or your use of any information obtained from the Website.

Governing Law, Jurisdiction and Arbitration

All matters relating to the Website and this Medical Disclaimer, Privacy Policy or Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be processed by arbitration as indicated below and governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, the Medical Disclaimer, Terms of Use, Privacy Policy, our products, or the Website shall be instituted exclusively in the United States courts of the State of California in each case located in the City of Ventura and County of Ventura although we retain the right to bring any suit, action or proceeding against you for breach of these Agreements in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

The party filing an arbitration claim must choose one of the following two arbitration administrators: American Arbitration Association; or JAMS/Endispute, both of which are independent from the Company. Any arbitration will be conducted under the rules of the selected arbitration administrator by an impartial third party chosen in accordance with the rules of the selected arbitration administrator and as provided herein.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THE MEDICAL DISCLAIMER, PRIVACY POLICY, OR THE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Class Action Waiver and Arbitration

THIS CLASS ACTION WAIVER AND ARBITRATION SECTION PROVIDES THAT ANY DISPUTE ARISING FROM THIS AGREEMENT MAY BE RESOLVED BY BINDING ARBITRATION, WHICH REPLACES THE RIGHT TO GO TO COURT. THIS SECTION PROHIBITS YOU FROM BRINGING A CLASS ACTION OR OTHER REPRESENTATIVE ACTION IN COURT, INCLUDING IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION, AND PROHIBITS YOU FROM BRINGING ANY CLAIM IN ARBITRATION AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION. IN ADDITION, THIS CLASS ACTION WAIVER AND ARBITRATION SECTION PROHIBITS YOUR ABILITY TO BE PART OF ANY CLASS ACTION OR OTHER REPRESENTATIVE ACTION BROUGHT BY ANYONE ELSE, AND PROHIBITS YOUR ABILITY TO BE REPRESENTED IN A CLASS ACTION OR OTHER REPRESENTATIVE ACTION. THE WAIVERS SET FORTH IN THIS SECTION INCLUDE ANY CLAIM THAT YOU MAY HAVE AGAINST THE COMPANY WITH RESPECT TO ANY THIRD-PARTY SERVICE. TO THE EXTENT A PROVIDER OF A THIRD-PARTY SERVICE JOINS THE COMPANY IN ANY ACTION BETWEEN YOU AND SUCH PROVIDER, YOU AGREE THAT THIS SECTION SHALL APPLY TO ANY CLAIMS THAT YOU MAY HAVE AGAINST THE COMPANY. IF NOT FOR THIS CLASS ACTION WAIVER AND ARBITRATION SECTION, YOU MAY HAVE OTHERWISE HAD A RIGHT TO PARTICIPATE OR BE REPRESENTED IN A CASE FILED IN COURT BY OTHERS (INCLUDING CLASS ACTIONS AND OTHER REPRESENTATIVE ACTIONS) AND YOU AND THE COMPANY MAY OTHERWISE HAVE HAD A RIGHT TO BRING CLAIMS IN A COURT BEFORE A JUDGE OR JURY. EXCEPT AS OTHERWISE PROVIDED BELOW, YOU WAIVE ANY OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO A COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL A DECISION.

Waiver and Severability

No waiver of by the Company of any term or condition set forth in these Medical Disclaimer shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under this Medical Disclaimer shall not constitute a waiver of such right or provision.

If any provision of this Medical Disclaimer is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of this Medical Disclaimer will continue in full force and effect.

Entire Agreement

The Medical Disclaimer, Terms of Use and our Privacy Policy and any other publically published policies of the Company constitute the sole and entire agreement between you and Pet Wellness Direct, LLC with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

How to Contact Pet Wellness Direct, LLC

If you need to reach us for any reason concerning this Privacy Policy, please use any of the following methods:

Mail:               Pet Wellness Direct
                        196 South Fir Street
                        Suite 160
                        Ventura, CA 93001

Telephone: 888-212-8400

Email:            info@petwellnessdirect.com

The Company reserves the right to modify this Agreement at any time which changes shall be effective immediately and apply to all access to and use of the Website thereafter. You agree to review the Agreement periodically to be aware of such modifications and your continued use of the Website shall be deemed to be your conclusive acceptance of any modified Agreement. We reserve the right to withdraw or amend this Website and any products, service or material we provide, in our sole discretion without notice.

* * *
If you have any questions about this Health Disclaimer, the practices of this Website, or your dealings with this Website, please contact us using one of the methods above.