We value your personal privacy and we take special measures to keep your information safe!
By logging into your account and using our Websites, you consent to periodic email notifications regarding the status of your check-out process. You may opt out of these at any time after your initial notice as described below.
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.
Our Privacy Commitment to You
We are committed to protecting your privacy and security and have explained in detail the steps we take to do so. We control this Website from offices in the United States of America. All information gathered on this Website is confidential. This Website may contain links to other websites. Please be aware that Pet Wellness Direct, LLC is not responsible for the privacy practices of other websites.
How to Contact Pet Wellness Direct, LLC
Pet Wellness Direct
196 South Fir Street
Ventura, CA 93001
We are committed to preventing others from unauthorized access to the personal information you provide to us. Our Website has reasonable security measures in place to protect the loss, misuse, or alteration of information under our control. However, we cannot guarantee that unauthorized third parties will never be able to defeat those security measures or use your personal information for improper purposes. When you enter sensitive information, such as credit card numbers, that information is encrypted and protected by encryption software. All of your information, not just the sensitive information mentioned above, is restricted in our offices. Only employees who need the information to perform a specific job are granted access to such sensitive information. The servers that store personal information are in a secure environment and are also protected by security software.
Your Email Address & Opt-Out Options
We only collect and hold your email address in order to send information and services you have specifically requested and to notify you of new developments, products, services, events, and occasional recommendations for organizations that we feel offer products or services that our customers might find useful. You can unsubscribe at any time. If we send you an email, it will contain an opt-out link which you can click to have your name removed from our e-mail list. Or you can opt out using the link at the bottom of this website. You can also direct your request to us by using the Pet Wellness Direct, LLC contact information. Please include all necessary information in your request so we can promptly handle your request.
Your Contact Information
If you supply us with your postal address, email address, or telephone number you may receive periodic mailings, emails, calls, or text messages from us or our partners with information on new products and services or upcoming events. If you do not wish to receive such mailings, emails, calls, or text messages from us please let us know by sending your request to us using the Pet Wellness Direct, LLC contact information above. Please indicate that you want to cancel such mailings, emails, calls, or text messages and include your name and pertinent information so can locate your account and cancel accordingly.
Cookies and Tracking Information
When you visit any of our Websites, a cookie may be placed on your computer for a number of reasons, such as but not limited to (a) keeping track of your shopping cart, (b) recognizing you when you return to our Website, (c) recognizing whether a customer came to our Website as a result of a promotion or advertisement with one of our partners websites or email campaign, (d) various analytics, behavioral data and advertising effectiveness evaluation, and (e) tracking the sales made by customers referred to us from a 3rd party so that they can receive compensation under our affiliate program, if any. If you choose to not have your browser accept cookies from Pet Wellness Direct, LLC Websites or its partners, you may not be able to view all the text on the screens, or to experience a personalized visit, or to subscribe to certain service and product offerings on our Websites.
We also collect anonymous visitor information about how you utilize our Website, such as IP addresses, browser types (such as Internet Explorer, Chrome, Safari, Mozilla, etc.), referring pages, and pages visited. We use this information (a) to perform anonymous statistical analysis of web page traffic patterns, (b) to administer our Website and servers, and (c) to improve our services.
Links to Other Websites (Their Privacy Policies May Be Different)
Use of Facebook Pixel
We use the tracking pixel from Facebook Inc. on our Website. This allows user behavior to be tracked after they have been redirected to the provider’s website by clicking on a Facebook ad. This enables us to measure the effectiveness of our ad campaigns. The data collected is anonymous to us. However, this data is stored and processed by Facebook, which may link this information to your Facebook account and also use it for its own promotional purposes, in accordance with Facebook’s Data Usage Policy https://www.facebook.com/about/privacy/. A cookie may also be stored on your computer for these purposes.
Mobile Device IDs and Location-Based Information
Certain mobile devices, including smartphones and tablet devices, contain unique device IDs that can be used to identify their physical location. Some mobile device IDs are persistent, while others may be resettable by accessing the device’s privacy settings. Mobile devices also typically transmit caller ID data (which may include a phone number) when used to transmit a telephone call or text message. When you use mobile devices to access our Websites and services, we may collect and transmit unique device IDs and collect caller ID data, as well as other information about your device, including without limitation, your wireless carrier, the make, model, operating system, capacity and settings of your device, the names, package IDs and versions of other software you have downloaded to your device and information about how you interact with and navigate within our Websites and services.
Order Forms and Purchases
Our Website or our partner websites may use an order form for you to purchase information, products, and services. We collect your contact information (i.e., mail and e-mail addresses), financial information (i.e., credit card numbers), and demographic information (i.e., zip code and state). We may use this contact information from the order form to send you a confirmation e-mail of your order. We also use this information to send you your orders, as well as information about our company and products and special promotions. Your contact information is also used to get in touch with you when necessary for additional information to process or fulfill your order. Financial information that is collected is used to bill for products and services. Financial information is not retained or stored as part of your shopping profile, so you must enter your credit card number each time you place an order. There may be times when you can ask our systems to store your credit card information for convenience, but this is at your option, and storage of your credit card information is not necessary to purchase products. Unique identifiers are collected from Website visitors to verify your identity and for use as account numbers in our record system. Demographic and profile data is also collected on our Website. We use this data to help us improve our Website and our product and service offerings.
Surveys and Sweepstakes/Contests
From time to time, we may conduct online surveys to help us better understand and serve your needs, or conduct sweepstakes or contests. These offers may ask for contact information (i.e., e-mail address), and demographic information (i.e., zip code, age, or income level). We may use this contact data from our surveys to send you information about our company. Unique identifiers are collected from the Website to verify your identity. We use this data to help us improve our Website and our product and service offerings.
Information from Other Sources
For reasons such as improving personalization of our service (i.e., providing better product recommendations or special offers that we think will interest you), we might receive information about you from other sources and add it to our account information. We also sometimes receive updated delivery and address information from our shippers or other sources so that we can correct our records and deliver your next purchase or communication more easily.
Sharing with Third Parties
In the event that Pet Wellness Direct, LLC, or substantially all of its assets, are acquired or merged with another company, customer information will be one of the transferred assets. Information collected on this Website from those who have elected to receive offers from business partners of Pet Wellness Direct, LLC is made available to such business partners. However, we do not sell your e-mail address. We release account and other personal information when we believe release is appropriate to comply with laws or to protect the rights, property, or safety of Pet Wellness Direct, LLC, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction. We also, from time to time, provide our customer lists to businesses that offer goods or services through direct mail that may be of value to our customers. The information provided may include name, address, gender, product(s) purchased, and dates of purchase.
Our Websites are not directed to children under the age of 13 and we will not knowingly collect personally identifiable information from children under 13. We strongly recommend that parents participate in their children's exploration of the internet and any online services and use their browser's parental controls to limit the areas of the internet to which their children have access.
SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
User Opt In
The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed, or prerecorded marketing mobile messages and/or text messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.
User Opt Out
If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
Duty to Notify and Indemnify
If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.
Cost and Frequency
Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at firstname.lastname@example.org. Please note that the use of this email address is not an acceptable method of opting out of the Program. Opt outs must be submitted in accordance with the procedures set forth above.
The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty
The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control.
You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18), and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:
- Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity.
- Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age.
- Pirated computer programs, viruses, worms, Trojan horses, or other harmful code.
- Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received.
- Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act).
- Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge, LLC d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Ventura, CA before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Pet Wellness Direct’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates, or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.