WEBSITE TERMS AND CONDITIONS
Please read the following Website Terms and Conditions (“Terms”) carefully before using Penn Veterinary Supply, Inc.’s (“Penn Vet”, “our” or “we”) website, www.pennvet.com, as well as any online features, services and/or programs offered by Penn Vet (collectively, the “Website”). By accessing or using the Website, you agree to the following Terms. You should review these Terms regularly as they may change at any time at the sole discretion of Penn Vet. If you do not agree to any portion of these Terms, you should not access or otherwise use the Website. “Content” refers to any text, materials, documents, images, graphics, logos, design, audio, video and any other information provided from or on, uploaded to and/or downloaded from the Website.
We will make an effort to update this web page with any changes to these Terms and/or to the services described in these Terms and you are encouraged to review these Terms frequently (the date of the most recent revision to these Terms appear at the end of these Terms).
Terms related to Online Account Access to your account(s) that you have with Penn Vet (“Account”) is set forth in Paragraph 3 herein.
1. CONVENIENCE AND INFORMATION ONLY; ACCEPTANCE OF TERMS. By merely providing access to the Website, Penn Vet does not warrant or represent that: (a) the Content is accurate, complete, up-to-date or current; (b) Penn Vet has any obligation to update any Content; (c) the Content is free from technical inaccuracies or typographical errors; (d) that the Content does not infringe on the intellectual property rights of any third party; (e) that the Content is free from changes caused by a third party; (f) your access to the Website will be free from interruptions, errors, computer viruses or other harmful components; and/or (g) any information obtained in response to questions asked through, or postings made on, the Website is accurate or complete. Your use of the Website and the services offered therein are subject to federal law, the law of the state where Penn Vet maintains your Account, or, if Penn Vet transfers your Account to another location, where Penn Vet currently maintains your Account (“Applicable Law”).
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In any case, you affirm that you are over the age of 13, as THE WEBSITE IS NOT INTENDED FOR CHILDREN UNDER 13 THAT ARE UNACCOMPANIED BY HIS OR HER PARENT OR LEGAL GUARDIAN.
This Website is intended for use by individuals in the United States, not those in the European Union (EU). If you are in the EU, please do not submit any personal information or use this website.
2. SITE USE AND CONTENT. You may view, copy or print pages from the Website solely for personal, non-commercial purposes. You may not otherwise use, modify, copy, print, display, reproduce, distribute or publish any information from the Website without the express, prior, written consent of Penn Vet. At any time, we may, without further notice, make changes to the Website, to these Terms and/or to the services described in these Terms.
3. USER ACCOUNT, PASSWORD, SECURITY AND ELECTRONIC ACCOUNT SERVICES.
A. DEFINITIONS. The following definitions govern the terms of this Paragraph 3 and as used elsewhere in these Terms:
i. Payment Account means your personal or business credit card, checking, savings, or money market account from which Penn Vet bill payments for your Account(s) may be made by you. Penn Vet recommends that you confirm with your credit or banking institution any fees that you may be changed for bill payments from your Payment Account before designating a banking account as a Payment Account (e.g., your money market account may permit a limited number of transfers before fees are imposed).
ii. Payee means Penn Vet or its subsidiary to which you direct a payment.
iii. Payment Instructions means the information provided by you for a bill payment to be made to Payee (i.e., credit card number, expiration date, CVV number, banking account number, ABA number, payment date, payment amount, and any additional information).
iv. Payment Due Date means the date as notated on the invoice. The invoice’s standard terms apply unless otherwise designated and authorized by the Penn Vet Credit Department.
v. Pending Bill Payment means a pending bill payment authorized by you through the Online Service that has not been debited to your Payment Account.
B. ONLINE ACCOUNT ACCESS. For certain types of features available through the Website, including the Online Account Access features (the “Online Service”), we require the use of encryption technologies provided for your protection and/or your use of a user identification name (“UserID”) and password after setting up a user account (“User Account”). The Online Service is available by clicking on the Online Account Access login at www. pennvet.com. For self-enrollment, you must provide Account-specific information to authenticate yourself (e.g., Account owner name and address, Account number). You may also enroll by calling 1-800-233-0210. You will be asked Account-specific information to authenticate yourself. In these Terms, “you” and “your” refer to each person, or, if applicable, the entity who is an owner, signer, or has unrestricted access to a User Account and each person that uses the Online Service with your permission (“Authorized User”). You may never use another person’s User Account and/or UserID without permission. When your Online Service is linked to one or more Accounts, Penn Vet may act on the oral, written, or electronic instructions of any Authorized User regarding your service for those Accounts. It is your responsibility to notify Penn Vet if an Authorized User should no longer be given access to an Account through the Online Service.
C. USER ACCOUNT AND PASSWORD. We use reasonable precautions to protect the privacy of your UserID, password and User Account information by utilizing a Secure Socket Layer (“SSL”) connection. Accordingly, your UserID, password and User Account information are encrypted using an SSL connection and are not expected to be read in an intelligible form as they travel to the Website. You, however, are ultimately responsible for protecting your UserID, password and User Account information from disclosure to third parties, and you are not permitted to circumvent the use of required encryption technologies. You are required to take reasonable precautions to safeguard your UserID and password. You agree to never leave your computer unattended while using the Online Service and to always exit the Online Service by clicking on “Log Out.” You also agree to immediately notify Penn Vet of any unauthorized use of your UserID, password and/or User Account, or any other breach of security by calling by calling 1-800-233-0210, by email at email@example.com, or through the online message center (if applicable). You are solely responsible for any activity that occurs with respect to your User Account and UserID. While we provide certain encryption technologies and use other reasonable precautions to protect your confidential information and provide suitable security, we do not and cannot guarantee or warrant that information transmitted through the Internet is secure, or that such transmissions are free from delay, error, interception or interruption.
D. RELIANCE BY PENN VET. You authorize Penn Vet to rely on your UserID and password to identify you when you use the Online Service, and as signature authorization for any payment made using the Online Service. You acknowledge and agree that you are responsible for all payments you make using the Online Service and for paying any and all late charges or penalties. You also acknowledge and agree that if you permit another person or persons to use the Online Service or give them your UserID and/or password, you are responsible for any payment that person makes to your Account, even if the person exceeds your authorization. You agree that Penn Vet may comply with the Payment Instructions entered by any person using your UserID and Password, subject to the terms set forth more fully below in the Unauthorized Payments section of these Terms.
E. SECURITY. Penn Vet is committed to protecting the security and confidentiality of information about you and your Account and User Account. Penn Vet uses, and may in the future use, several different security methods to protect your Account and User Account information, including:
F. ELECTRONIC COMMUNICATION.
G. PERMISSIBLE ACTIVITIES. You may perform the following activities with the Online Service:
H. PAYMENTS. You authorize Penn Vet to debit your Payment Account and remit funds on your behalf to the Payee. When Penn Vet receives a Payment Instruction, you have authorized Penn Vet to debit your Payment Account and remit funds on your behalf so that the funds arrive as close as reasonably possible to the Payment Due Date. You also authorize Penn Vet to credit your Payment Account for payments returned to you by Penn Vet.
J. INSUFFICIENT FUNDS TO COMPLETE BILL PAYMENT. You must have sufficient available funds in your Payment Account on the Payment Due Date. If your Payment Account has insufficient funds, the Bill Payment will not be completed. Should a Bill Payment fail because of insufficient funds in your Payment Account, an amount equal to Penn Vet’s Returned Payment Fee then in effect will be applied to your Account.
K. PENN VET’S LIABILITY FOR FAILURE TO COMPLETE BILL PAYMENTS. If Penn Vet debits your Payment Account incorrectly, Penn Vet will be responsible for returning the improperly debited funds to your Payment Account. If Penn Vet does not complete a Bill Payment from your Payment Account on time or in the correct amount in accordance with your Payment Instructions, Penn Vet will be liable for the actual charges incurred by you, to the extent required by Applicable Law and in any event subject to paragraph 5 herein. However, Penn Vet will not be liable in the following situations:
L. ACCURATE INFORMATION. In creating and using your User Account on the Website, you agree to: (i) provide true, accurate, current and complete information about yourself on any registration form required on the Website (such information being the “Registration Data”); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Penn Vet has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Penn Vet has the right to suspend or terminate your User Account and refuse any and all current or future use of your User Account.
M. TERMINATION OF ACCOUNT. Penn Vet reserves the right to terminate your use of the Online Service for any reason including inactivity and at any time without notice to you. You have the right to terminate your use of the Online Service by calling Penn Vet at 1-800-223-0210 or by writing to Penn Vet at the address provided at the end of these Terms. Any termination of your use of the Online Service, whether initiated by you or by Penn Vet, will not affect any of your or Penn Vet’s rights and obligations under these Terms that have arisen before the effective date of such termination.
N. RELATED AGREEMENTS. Your Account linked to the Online Service will also be governed by the agreements, disclosures, and other documents provided to you in connection with the opening of your Account, as they may be amended periodically. If any inconsistency exists between such other documentation and these Terms, then these Terms shall control to the extent of inconsistency.
O. ERRORS OR QUESTIONS ABOUT BILL PAYMENTS. In case of errors or questions about Bill Payments, you should notify Penn Vet at once at by calling 1-800-223-0210, by email at firstname.lastname@example.org, or through the online message center (if applicable).
A. NO WARRANTIES; INDEMNIFICATION. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE, THE ONLINE SERVICE AND THE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. PENN VET PROVIDES THE WEBSITE AND THE ONLINE SERVICE ON A COMMERCIALLY REASONABLE BASIS AND PENN VET MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE WEBSITE, THE ONLINE SERVICE, THE CONTENT OR ANY SERVICES OFFERED IN CONNECTION WITH THE WEBSITE ARE OR SHALL REMAIN UNINTERRUPTED OR ERROR-FREE, THE CONTENT SHALL BE NON-INFRINGING ON ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS, THAT DEFECTS SHALL BE CORRECTED, THAT THE WEB PAGES ON THE WEBSITE, THE ONLINE SERVICE, ANY ELECTRONIC COMMUNICATION OR THE SERVERS USED IN CONNECTION WITH THE WEBSITE ARE OR SHALL REMAIN FREE FROM ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY PERSON USING THE WEBSITE WILL BE THE PERSON THAT HE OR SHE REPRESENTS HIMSELF OR HERSELF TO BE. PENN VET DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITE AND/OR THE ONLINE SERVICE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT PENN VET SHALL HAVE ADEQUATE CAPACITY FOR THE WEBSITE AND/OR THE ONLINE SERVICE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.
B. INDEMNIFICATION. You agree to defend, indemnify and hold Penn Vet and its affiliates, subsidiaries, owners, directors, officers, employees and agents harmless from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses and costs (including without limitation reasonable attorneys’ fees) assessed or incurred by Penn Vet, directly or indirectly, with respect to or arising out of: (i) your failure to comply with these Terms; (ii) your breach of your obligations under these Terms; (iii) your use of the rights granted hereunder, including without limitation any claims made by any third parties; and/or (iv) your violation of any third party right, including without limitation any copyright, property, or privacy right.
C. NOT INVESTMENT ADVICE. PENN VET DOES NOT INTEND TO PROVIDE ANY INVESTMENT ADVICE OR INFORMATION RELATING TO ITSELF OR ANY PENN VET IDENTIFIED ON THE WEBSITE. Nevertheless, the Website may, from time to time, contain information on the current or prospective financial condition of this and/or certain other companies. Penn Vet cautions that there are various important factors that could cause actual results to differ materially from those indicated in the information you may encounter on the Website. Accordingly, there can be no assurance that such indicated results will be realized. These factors include, among other things, legislative and regulatory initiatives regarding regulation of American companies doing business abroad; political and economic conditions and developments in the United States and in foreign countries in which the companies discussed on the Website operate; financial market conditions and the results of financing efforts; and changes in commodity prices and interest rates.
5.LIMITATION OF LIABILITY. PENN VET’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE WEBSITE, THE ONLINE SERVICE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEBSITE SHALL BE THE CANCELLATION OF YOUR USER ACCOUNT WITH PENN VET. EXCEPT FOR THE ACTUAL CHARGES DESCRIBED IN PARAGRAPH 3(L) ABOVE, IN NO EVENT WILL PENN VET BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE WEBSITE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEBSITE, THE ONLINE SERVICE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEBSITE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEBSITE, THE ONLINE SERVICE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, THE ONLINE SERVICE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEBSITE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR COMPUTER SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, THE ONLINE SERVICE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEBSITE, AND/OR (E) ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS THAT MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE, THE ONLINE SERVICE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEBSITE BY ANY THIRD PARTY OR FOR ANY LOSS OR DAMAGE OF ANY KIND. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS PENN VET’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
7. THIRD PARTY CONTENT.
A. Penn Vet may provide hyperlinks to other websites maintained by third parties, or Penn Vet may provide third party content on the Website by framing or other methods. THE LINKS TO THIRD PARTY WEBSITES ARE PROVIDED FOR YOUR CONVENIENCE AND INFORMATION ONLY. THE CONTENT ON ANY LINKED WEBSITE IS NOT UNDER PENN VET’S CONTROL AND PENN VET IS NOT RESPONSIBLE FOR THE CONTENT OF LINKED WEBSITES, INCLUDING ANY FURTHER LINKS CONTAINED IN A THIRD PARTY WEBSITE. IF YOU DECIDE TO ACCESS ANY OF THE THIRD PARTY WEBSITES LINKED TO THE WEBSITE, YOU DO SO ENTIRELY AT YOUR OWN RISK.
B. If a third party links to the Website, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with Penn Vet. In most cases, Penn Vet is not even aware that a third party has linked to the Website. A website that links to the Website: (i) may link to, but not replicate, Penn Vet’s Content; (ii) may not create a browser, border environment or frame Penn Vet’s Content; (iii) may not imply that Penn Vet is endorsing it or its products; (iv) may not misrepresent its relationship with Penn Vet; (v) may not present false or misleading information about Penn Vet’s products or services; and (vi) should not include content that could be construed as distasteful, offensive or controversial, and should contain only Content that is appropriate for all age groups.
8. COPYRIGHT AND TRADEMARKS. The trademarks, service marks and logos used and displayed on the Website are Penn Vet’s, or its subsidiaries’ or affiliates’, registered and unregistered trademarks. Penn Vet is the copyright owner or authorized licensee of all text and all graphics contained on the Website. All trademarks and service marks of Penn Vet that may be referred to on the Website are the property of Penn Vet. Other parties’ trademarks and service marks that may be referred to on the Website are the property of their respective owners. Nothing on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Penn Vet’s trademarks or service marks without Penn Vet’s prior written permission. Penn Vet aggressively enforces its intellectual property rights. Neither the name of Penn Vet nor any of Penn Vet other trademarks, service marks or copyrighted materials may be used in any way, including in any advertising, hyperlink, publicity or promotional materials of any kind, whether relating to the Website or otherwise, without Penn Vet’s prior written permission, except that a third party website that desires to link to the Website and that complies with the requirements of Paragraph 7.B. above may use the name “Penn Vet” in or as part of that URL link. If you believe that any Content on the Website violates any intellectual property right of yours, please contact Penn Vet at the address, email address or telephone number set forth at the bottom of these Terms.
9. LOCAL LAWS. Penn Vet makes no representation that content or materials in the Website are appropriate or available for use in jurisdictions outside the United States. Access to the Website from jurisdictions where such access is illegal is prohibited. If you choose to access the Website from other jurisdictions, you do so on your own initiative and are responsible for compliance with applicable local laws. Penn Vet is not responsible for any violation of law. You may not use or export the Content or materials in the Website in violation of U.S. export laws and regulations. You agree that the Website, these Terms and the Online Service shall be interpreted and governed in accordance with federal law and, to the extent not preempted by federal law, with the laws of the state where Penn Vet maintains your Account, or, if Penn Vet transfers your Account to another location, where Penn Vet currently maintains your Account. The Website and the Online Service shall be deemed a passive website and service that does not give rise to personal jurisdiction over Penn Vet, either specific or general, in jurisdictions other than the states covered by the preceding sentence. You agree and hereby submit to the exclusive personal jurisdiction of the state and federal courts located where Penn Vet maintains your Account, or, if Penn Vet transfers your Account to another location, where Penn Vet currently maintains your Account or the state and federal courts of Lancaster, Pennsylvania, which exclusive personal jurisdiction shall be determined at Penn Vet’s option. You further agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which you reside (if different from the United States).
10. AVAILABILITY. Information that Penn Vet publishes in the Website may contain references or cross-references to products, programs or services of Penn Vet that are not necessarily announced or available in your area. Such references do not mean that Penn Vet will announce any of those products, programs or services in your area at any time in the future. You should contact Penn Vet for information regarding the products, programs and services that may be available to you, if any.
11. NON-TRANSFERABILITY OF USER ACCOUNT. User Accounts and UserIDs are non-transferable, and all users are obligated to take preventative measures to prohibit unauthorized users from accessing the Website with his or her UserID and password. You may not assign these Terms, in whole or in part, or delegate any of your responsibilities hereunder to any third party. Any such attempted assignment or delegation will not be recognized by Penn Vet unless acknowledge by Penn Vet in writing. Penn Vet has no obligation to provide you with written acknowledgment. Penn Vet may, at any time and in its sole discretion, assign these Terms, in whole or in part, or delegate any of our rights and responsibilities under these Terms to any third party or entity.
12. TERMINATION OF SERVICE. We may terminate your User Account or right to access secured portions of the Website at any time, without notice, for conduct that we believe violates these Terms and/or is harmful to other users of the Website, to Penn Vet, to the business of the Website’s Internet service provider, or to other information providers.
Your Consent To This Agreement
By accessing and using the Website, you consent to and agree to be bound by the terms of the foregoing Terms. If we decide to change these Terms, we will make an effort to post those changes on the web page so that you will always be able to understand the terms and conditions that apply to your use of the Website and/or the Online Service. Your use of the Website and/or the Online Service following any amendment of these Terms will signify your assent to and acceptance of its revised terms.
If you have additional questions or comments of any kind, or if you see anything on the Website that you think is inappropriate, please let us know by email email@example.com, by visiting our contact page, or by sending your comments to:
Penn Veterinary Supply, Inc.
53 Industrial Circle
Lancaster, PA 17601
EFFECTIVE AS OF: February 19, 2019
LAST UPDATED: February 19, 2019