VALUEPETEMPORIUM, Inc. and its affiliates and subsidiaries (hereinafter “VALUEPETEMPORIUM”) welcome you to valuepetemporium.com. By clicking or tapping “Sign In”, “Create Account”, “Place Order” or entering or otherwise using our website, www.valuepetemporium.com,you agree to and accept these terms and conditions that govern your use of the Site (the “Terms of Use” or “Terms”). Certain products, programs and services on our Site (the “Products”) may have additional terms and conditions that apply (for example, if you subscribe to our Autoship subscription program, you also will be subject to the Autoship Terms and Conditions) and are incorporated in these Terms. If these Terms of Use are inconsistent with terms applicable to a certain product or service, those other terms will control.
Privacy Policy
Please review our Privacy Policy, which also governs your use of our Site and is incorporated in these Terms, to understand our practices.
Electronic Communications
When you use our Site, or send e-mails, text messages, chat, use video calling 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 Site, and you can retain copies of these communications for your records. 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. Where required by applicable law, we will seek express prior written consent for marketing text messages or calls to you.
Accounts
In order to use certain features of the Site and make purchases or use other services on the Site, you may register for an account with VALUEPETEMPORIUM (“VALUEPETEMPORIUM Account”) or you may proceed with your purchase using our guest checkout. You represent and warrant that: (a) all information you submit is truthful and accurate; (b) you will maintain the accuracy of such information and update it as necessary; and (c) your use of the Site does not violate any applicable law or regulation or these Terms.
You represent and warrant that you have the right to use any credit card or other means of payment that you provide to us in the VALUEPETEMPORIUM Account, guest checkout or otherwise. If there is a problem charging your selected payment method in your VALUEPETEMPORIUM Account, we may charge any other valid payment method associated with your VALUEPETEMPORIUM Account.
You agree not to purchase any goods or services or register a VALUEPETEMPORIUM Account using a false identity or information or on behalf of someone other than yourself.
You are responsible for maintaining the confidentiality of your VALUEPETEMPORIUM Account login information. You are fully responsible for all activities that are associated with your VALUEPETEMPORIUM Account (including but not limited to any purchases, posting reviews or other use of the Site). You agree to keep your username and password information confidential and not share it with anyone. You agree to immediately notify VALUEPETEMPORIUM of any unauthorized use or suspected unauthorized use of your VALUEPETEMPORIUM Account or any other actual or potential breach of security.
Promotions
From time to time we may offer promotions, including discounts, special pricing, free or reduced price shipping, or other incentives. If a promotional code is required to take advantage of a promotion, such codes are limited in nature and may expire or be discontinued with or without notice. Promotional codes are void where prohibited by law. Promotional codes may not be copied, sold, or otherwise transferred. They are not redeemable for cash and are subject to cancellation or change at any time for any reason without notice. We reserve the right in our discretion to impose conditions on the offering of any promotional code. VALUEPETEMPORIUM further reserves the right, in its sole discretion, to determine your eligibility for a promotion and prevent you from taking advantage of such promotion.
For new VALUEPETEMPORIUM Account promotions, unless we expressly communicate otherwise, such promotions are available only to new users that have never had a VALUEPETEMPORIUM Account before. It is a violation of these Terms of Use to sign up for a VALUEPETEMPORIUM Account and seek such promotion if you created a VALUEPETEMPORIUM Account in the past. Where VALUEPETEMPORIUM in its sole discretion determines that you are not eligible for a new VALUEPETEMPORIUM Account promotion, we may charge you the full price.
Products purchased from VALUEPETEMPORIUM on the Site are intended for use in the United States of America. We reserve the right, in our sole discretion, to cancel your order if we think you are selling any products purchased from our Site outside the United States.
Product Descriptions
VALUEPETEMPORIUM attempts to be as accurate as possible. However, VALUEPETEMPORIUM does not warrant that Product descriptions, depictions, colors, dimensions, ingredient lists or other content on the Site are accurate, complete, reliable, current or error-free. If a product offered by VALUEPETEMPORIUM is not as described, your sole remedy is to return the product, send an email to service@valuepetemporium.com for return information.
Reference Pricing
From time-to-time, we may provide additional value to customers by advertising a discount off a “List” price or “Was” price shown with a strikethrough. For example:
List: $13.99, Price $12.99
Was: $14.10, Price: $12.99
“List” price means the suggested retail price of a Product as provided by a manufacturer, supplier or other retailers (and with respect to RX products, veterinarians). It is not necessarily an actual price that was or is available elsewhere, either in the market generally or on the Site.
“Was” price is determined using recent price history of the Product on the Site. In particular, we calculate the “Was” price based on pricing available for the Product on the Site during at least 30 of the 90 days before we advertise a “Was” price.
Pricing
VALUEPETEMPORIUM cannot confirm the price of an item until you submit an order. If you use Autoship, the price of an item will be set at the time the order is processed (see Autoship Terms and Conditions for more information). Despite our diligent efforts, it is possible that Products in our catalog may be mispriced. If the correct price of a Product is higher than our stated price, we will, at our discretion, sell you the products at the lower price, contact you for instructions before shipping, or cancel your order and notify you of such cancellation. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the Products as well as all shipping and handling charges and applicable taxes. VALUEPETEMPORIUM will collect and remit sales tax as required by law.
Order Acceptance
The receipt of an order number or an email order confirmation does not constitute the acceptance of an order or confirmation of an agreement to sell. No sale is complete until shipment. VALUEPETEMPORIUM reserves the right, without prior notification, to limit the order quantity on any item and to refuse service to any customer. Verification of information may be required prior to the acceptance of an order. Prices and availability of Products are subject to change without notice. Errors will be corrected when discovered and VALUEPETEMPORIUM reserves the right to revoke any stated offer or promotion and to correct any error, inaccuracy, or omission (including after an order has been submitted). Certain orders constitute improper use of the Site. VALUEPETEMPORIUM reserves the right, at its sole discretion, to refuse or cancel any order for any reason. Your VALUEPETEMPORIUM Account may also be restricted or terminated for any reason, at VALUEPETEMPORIUM’s sole discretion.
Risk of Loss and Shipping and Delivery
All items purchased from VALUEPETEMPORIUM are made pursuant to a shipment contract with a shipping carrier. This means that the risk of loss and title for such items pass to you upon delivery of the Products to the carrier. Products will be shipped to the address designated by you, if applicable, so long as such address is complete and complies with any shipping restrictions contained on the Site. The time and location of delivery of the Products to you is at the discretion of the carrier. The carrier will attempt to deliver the Products to your door but in the case your front door is not easily accessible, the carrier will attempt to deliver your Products at an alternative location at your premises at carrier’s sole discretion.
Autoship
By selecting Autoship on eligible items on the Site, you agree to the Autoship Terms and Conditions applicable to our subscription ordering program.
VALUEPETEMPORIUM Gift Cards
By purchasing an Gift Card or using any VALUEPETEMPORIUM Gift Card, you agree to the Gift Card Terms and Conditions. Gift Cards are emailed to recipients within two hours after you place your order or by 1:00 PM EST on the date you requested. There’s no expiration date or hidden fees on Gift Cards. Gift Cards are not returnable, refundable or redeemable for cash except as required by law. Gift Cards cannot be purchased with coupons, promotional offers or other VALUEPETEMPORIUM Gift Cards. Use Gift Cards to shop on the Site. Issued by VALUEPETEMPORIUM Promotions, LLC.
Permissible Uses of the Site
Subject to these Terms of Use, VALUEPETEMPORIUM grants you a limited, non-transferable, non-exclusive, license to access and make personal use of the Site. This license does not include the right to access or use the Site for any of the restricted purposes set forth below. VALUEPETEMPORIUM may terminate this license at any time for any reason.
The rights granted to you are subject to the following restrictions: (a) you shall not use the Site to place an order for resale on behalf of yourself or a third party for resale by that or another third party—we reserve the right, in our sole discretion, to cancel bulk purchases or purchases that, in our judgment, appear to be placed by dealers, resellers, drop shippers, or distributors; (b) you shall not license, sublicense, reproduce, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, its Products or its content without the express written consent of VALUEPETEMPORIUM; (c) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (d) you shall not access the Site in order to build a similar or competitive service, or to download, copy or collect content or account information for the benefit of another third party, including for purposes of resale of any of the Products; (e) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without VALUEPETEMPORIUM’s express written consent; (f) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information or content (including images and text descriptions) of the Site without VALUEPETEMPORIUM’s express written consent; and (g) you may only use the Site as permitted by law.
VALUEPETEMPORIUM reserves the right, at any time, to modify, suspend, or discontinue the Site or any part thereof with or without notice. You agree that VALUEPETEMPORIUM will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or any part thereof. Any rights not expressly granted to you in these Term of Use are reserved and retained by VALUEPETEMPORIUM, its licensors, suppliers, or other content providers.
VALUEPETEMPORIUM uses a network of independent product and content suppliers, distributors, veterinarian clinics and other third parties to supply some of the products and content advertised on the Site. All other trademarks, service marks, product names, package designs and company names or logos associated with these products, and other such third parties, that are not owned by us but that appear on the Site are the property of their respective owners.
Connect with a Vet Program – Limitations Regarding Information, Articles and Advice.
Connect with a Vet is a feature that may not be available to all VALUEPETEMPORIUM customers. Through our Connect with a Vet Program, as well as other resources available on the Site, VALUEPETEMPORIUM offers information, articles and advice to pet parents for educational purposes only. Connect with a Vet is not a licensed veterinary practice and any information offered through this Site or in the course of communications as part of teletriage services 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 veterinarian or local animal hospital. The Connect with a Vet feature is only available in the United States, therefore by using Connect with a Vet, you are representing that you are physically located in the United States.
User Content
“User Content” of the Site means any and all information and content, including photographs, that such user submits to VALUEPETEMPORIUM by any means, including through social media (e.g., Facebook, YouTube, Instagram, Pinterest, Twitter), uses with the Site (e.g., a user profile, product review, question & answer), or when you otherwise interact with VALUEPETEMPORIUM (e.g., when you call customer service, chats, send us emails). 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, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You hereby affirm, represent, and warrant that (a) you own, or have the necessary licenses, rights, and consents to use your User Content with the Site as described herein and (b) your User Content does not violate the Acceptable Use policy in these Terms. You may not state or imply that your User Content is in any way provided, sponsored, or endorsed by VALUEPETEMPORIUM. Because you alone are responsible for your User Content (and not VALUEPETEMPORIUM), you may expose yourself to liability if, for example, your User Content violates the Acceptable Use policy. VALUEPETEMPORIUM is not obligated to backup any User Content, makes no representation that it will do so, and you agree that VALUEPETEMPORIUM may delete User Content at any time.
By submitting your User Content or using it with the Site, you automatically grant, and you represent and warrant that you have the right to grant, to VALUEPETEMPORIUM an irrevocable, nonexclusive, royalty-free and fully paid worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, solely for the purposes of including your User Content in the Site, VALUEPETEMPORIUM social media platforms, marketing or promotional initiatives or any other business purpose. You agree to irrevocably waive (and cause to be waived) any claims and assertions of publicity or moral rights, or attribution with respect to your User Content.
VALUEPETEMPORIUM will treat any feedback, communications, or suggestions you provide to VALUEPETEMPORIUM as non-confidential and non-proprietary subject to the limits of applicable law and our Privacy Policy. Thus, in the absence of a written agreement with VALUEPETEMPORIUM to the contrary, you agree that you will not submit to VALUEPETEMPORIUM any information or ideas that you consider to be confidential or proprietary.
Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content or your interactions with other Site users. You agree that VALUEPETEMPORIUM will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site user, we are under no obligation to become involved.
Acceptable Use Policy
In connection with your use of the Site and interactions with VALUEPETEMPORIUM and its employees and users, you agree not to collect, upload, transmit, display, communicate by email, telephone or electronically, or distribute any User Content (a) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy rights, 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.
In addition, you agree not to use the Site to: (a) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (b) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (c) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (d) interfere with or disrupt servers or networks connected to the Site or violate the regulations, policies or procedures of such networks; (e) attempt to gain unauthorized access to the Site, other computer systems or networks connected to or used together with the Site, through password mining or other means; (f) harass or interfere with another user’s use and enjoyment of the Site; (g) purchase Products for resale.
We reserve the right (but have no obligation under these Terms of Use) at our sole discretion to review any User Content, investigate, and take appropriate action against you if you violate the Acceptable Use Policy or any other provision of these Terms, including removing or modifying your User Content, terminating your VALUEPETEMPORIUM Account, and reporting you to law enforcement authorities. We may also remove or modify your User Content if it, in our sole judgment, violates the rights of, harms, or threatens the safety of any other person, or creates liability for us or any other person. In order to cooperate with legitimate governmental requests, subpoenas or court orders, or to protect our business and members, we may access and disclose any information we consider necessary or appropriate, including your VALUEPETEMPORIUM Account username and password, Internet Protocol (IP) address and traffic information, usage history, and your User Content.
Third Party Sites and Other Users
The Site may contain links to, or advertisements for, third party web sites and products (collectively, “Third Party Sites”) (for example, social media sites such as Facebook, YouTube, Twitter, or Pinterest). Such Third Party Sites are not under the control of VALUEPETEMPORIUM and VALUEPETEMPORIUM is not responsible for any Third Party Sites. VALUEPETEMPORIUM 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 should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any Third Party Site.
You hereby release us, our officers, employees, directors, agents, affiliates, subsidiaries, parents, joint ventures, successors and any other companies under common control with us 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 or conduct of other Site users or Third Party Sites.
Indemnity
You agree to indemnify and hold VALUEPETEMPORIUM Group harmless from any claim or demand, including for any related costs and attorneys’ fees, made by any third party due to or arising out of (a) your use of the Site or Products, (b) your User Content, (c) your violation of these Terms, or (d) your interaction with such independent contractors or reliance on any advice provided by them. VALUEPETEMPORIUM Group reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of VALUEPETEMPORIUM. VALUEPETEMPORIUM will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Covered Disputes and Arbitration Requirement. Any and all disputes between you and VALUEPETEMPORIUM, including disputes arising from or relating to the Site, these Terms of Use, the Privacy Policy, Autoship Terms and Conditions, Gift Card Terms and Conditions and any other terms and conditions that may apply to our Site and Products, programs and services and their interpretation or the breach, termination or validity thereof, any purchase on the Site, communications between you and VALUEPETEMPORIUM, the reliance on any advice provided by independent contractors or third party veterinarians in connection with the Site, or any Products or promotions provided by VALUEPETEMPORIUM, including disputes about the validity, scope or enforceability of this arbitration provision (collectively, “Covered Disputes”) will be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under the AAA’s Consumer Arbitration Rules in effect on the date the claim was filed, available at www.adr.org or by calling the AAA at 800-778-7879. This arbitration agreement applies to any and all disputes occurring before or after this agreement and supersedes our previous arbitration agreements. The arbitrator will have the power to grant whatever relief would be available in court under law or in equity, including public injunctive relief, and any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. Notwithstanding the above, you or VALUEPETEMPORIUM can bring any individual claim in small claims court consistent with the jurisdictional limitations of such court.
Governing Law. For purposes of this section, these Terms of Use and related transactions will be subject to and governed by the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (“FAA”). To the extent state law applies to any portion of a proceeding brought by you or us, the applicable law will be the law of the state of your residence, as determined based on your shipping address on file with VALUEPETEMPORIUM.
Fees and Costs. Except for a demand determined by an arbitrator or court to be frivolous, brought in bad faith, or where the initiating party has failed to follow the pre-arbitration dispute resolution process below, VALUEPETEMPORIUM will pay the filing fees for both parties. The AAA consumer rules will otherwise apply to determine the costs and expenses due from each party. In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, VALUEPETEMPORIUM will pay up to USD $1,000 of your attorneys’ fees and costs and expenses in connection with the arbitration if the arbitrator deems the payment of such amount is necessary to prevent the arbitration from being cost-prohibitive.
Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, in the event 100 or more similar individual arbitration demands presented by or with the assistance or coordination of the same law firm or organization are submitted to AAA or another arbitration provider (if AAA is unavailable) against VALUEPETEMPORIUM within a 90-day period (or in otherwise close proximity), the arbitration provider shall (i) administer the arbitration demands in batches of 100 demands per batch (to the extent there are fewer than 100 arbitration demands left over after the batching described above, a final batch will consist of the remaining demands); (ii) designate one arbitrator for each batch; and (iii) provide for a single filing fee due per side per batch. You agree to cooperate in good faith with VALUEPETEMPORIUM and AAA to implement such a “batch approach” or other similar approach to provide for an efficient resolution of claims, including the payment of single filing and administrative fees for batches of claims. This “Batch Arbitration” provision shall in no way be interpreted as authorizing class arbitration of any kind.
Location. At your election, the arbitration will take place in the county in which you reside or, if you choose, by telephone, video conference, or based on the parties’ written submissions.
Required Pre-Arbitration Dispute Resolution. Prior to initiating any arbitration, the initiating party will give the other party at least 60-days’ advanced written notice, along with any supporting documents and information, of its intent to file for arbitration.
VALUEPETEMPORIUM will provide such notice by e-mail to your e-mail address on file with VALUEPETEMPORIUM and you must provide such notice by e-mail to service@valuepetemporium.com. During such 60-day notice period, the parties will endeavor to settle amicably by mutual discussions any Covered Disputes. Failing such amicable settlement and expiration of the notice period, either party may initiate arbitration. This provision is a precondition to any arbitration demand, and any party making an arbitration demand must certify that it has complied with the requirement when filing an arbitration demand and AAA may not accept any demand without this certification.
Miscellaneous. Notwithstanding any provision in these Terms to the contrary, we agree that if VALUEPETEMPORIUM makes any future material change to this dispute resolution provision, it will not apply to any individual claim(s) for which you had already provided notice to VALUEPETEMPORIUM. In the event that this arbitration agreement does not apply to a given dispute, then the parties agree to the exclusive jurisdiction of the state and federal courts in Broward County, Florida to resolve such claims.