Terms of Use

Last updated: 01/03/2022

Overview

Last updated: 01/03/2022

By clicking “sign in,” “create account,” or “complete purchase” and entering or otherwise using our website or mobile application (the “Site”), you agree to and accept these terms and conditions. Certain products and services on our Site may have additional terms that apply (for example, if you enroll in our Treats loyalty program or you subscribe to our Auto ship subscription program, you also will be subject to the Treats rules and the Auto ship terms). If these Terms of Use are inconsistent with terms applicable to a certain product or service, those other terms will control.

THESE TERMS AND CONDITIONS, AS WELL AS ANY OTHER PRODUCT AND SERVICE SPECIFIC TERMS ON OUR SITE, CONSTITUTE YOUR SERVICE AGREEMENT (“AGREEMENT”) WITH PETSMART, INC. AND ANY OF ITS OWNED OR OPERATED SITES WHERE THESE TERMS OF USE ARE POSTED (“PETSMART”). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS FOR YOUR USE OF OUR SITE AND YOUR PURCHASE OR USE OF ANY PRODUCTS OR SERVICES OFFERED ON THE SITE. BY ACCESSING AND/OR USING THE SITE, YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THE AGREEMENT AND TO ABIDE BY ALL OF THE TERMS AND CONDITIONS SET FORTH HEREIN. YOU MAY NOT ACCESS OR USE THIS SITE OR ACCEPT THIS AGREEMENT UNLESS YOU ARE AT LEAST 18 YEARS OLD.

ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION AGREEMENT A LITTLE LATER ON THAT AFFECTS YOUR RIGHTS. YOU AND PETSMART AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING INDIVIDUAL ARBITRATION, AND YOU AND PETSMART WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION AND THE RIGHT TO A JURY TRIAL. IN ARBITRATION, THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT. PLEASE REVIEW THESE TERMS CAREFULLY.

Privacy Policy

Please review our Privacy Policy, which also governs your use of our Site and is incorporated here by reference, to understand our practices.

Electronic Communications

When you use our Site, or send e-mails, and other electronic communications from your desktop or mobile device to us, you are communicating with us electronically. By sending, you consent to receive reply communications from us electronically in the same format 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.

Accounts

In order to use certain features of the Site (e.g., purchasing products and services (referred to collectively as “Products” herein) from the Site), you must register for an account with PetSmart (“PetSmart Account”) and provide certain information about yourself as prompted by the Site registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Site does not violate any applicable law or regulation or the terms of this Agreement.

You are responsible for maintaining the confidentiality of your PetSmart Account login information. You are fully responsible for all activities that are associated with your PetSmart Account (including but not limited to any purchases, use of the Site, or correspondence from your account to PetSmart). You agree to immediately notify PetSmart of any unauthorized use or suspected unauthorized use of your PetSmart Account or any other breach of security. When you provide PetSmart with such notice, PetSmart will suspend or otherwise secure your Account to prevent future unauthorized activity.

Order Acceptance

The receipt of an order number or an e-mail order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. PetSmart reserves the right, without prior notification, to limit the order quantity on any item and/or to refuse service to any customer. Verification of information may be required prior to the acceptance of an order. Prices and availability of products on the Site are subject to change without notice. Errors will be corrected when discovered and PetSmart reserves the right to revoke any stated offer and to correct any error, inaccuracy, or omission (including after an order has been submitted). Certain orders constitute improper use of the Site. PetSmart reserves the right, at its sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at PetSmart’s sole discretion.

Risk of Loss

All items purchased from PetSmart.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

Product Descriptions

PetSmart attempts to be as accurate as possible. However, PetSmart does not warrant that product descriptions or other content on the Site are accurate, complete, reliable, current, or error-free. If a product offered by PetSmart is not as described, your sole remedy is to return the product.

Pricing

Online prices, offers, and selection may vary between our retail stores and Sites, and are subject to change. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel our order and notify you of such cancellation. PetSmart does business throughout the United States, Canada, and Puerto Rico and collects and remits sales tax as required by law.

Auto ship

By checking “enroll in auto ship” on the PetSmart.com checkout page, you agree to the Auto ship terms (“Auto Ship Terms”) applicable to our subscription ordering program (“Auto ship”). The Auto Ship Terms govern your Auto ship subscription, in addition to the Terms of Use and Privacy Policy that govern the use of our Site, as well as all other applicable terms, conditions, limitations, and requirements on the PetSmart.com website (as changed over time). By placing an order and enrolling in our Auto ship program, you accept these terms, conditions, limitations, and requirements. Please read them carefully. For more information about Auto ship, please see our FAQs.

Permissible Uses of Site

Subject to the terms of this Agreement, PetSmart grants you a limited, non-transferable, non-exclusive license to access and make personal use of the Site. This license does not include any resale or commercial use of the Site features or content, or the right to access or use the Site for any of the restricted purposes set forth below. PetSmart may terminate this license at any time for any reason.

The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not use the Site to place an order on behalf of yourself or a third party for resale to that third party; (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 PetSmart; (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 merchant; (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 PetSmart’s express written consent; and (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 PetSmart’s express written consent.

PetSmart reserves the right, at any time, to modify, suspend, or discontinue the Site or any part thereof with or without notice. You agree that PetSmart will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or any part thereof.

Intellectual Property Rights

The Site contains valuable trademarks and service marks owned and used by PetSmart, including but not limited to, PetSmart, the PetSmart design logo, the PetSmart and Bouncing Ball Design marks, petsmart.com, PetSmart Charities, among numerous other trademarks used on this Site, are registered to and/or otherwise protected by PetSmart under United States, Canada, and/or international intellectual property laws (collectively, the “PetSmart Marks”). Any use of the PetSmart Marks without the prior written permission of PetSmart is strictly prohibited. The arrangement and layout of the Site, including but not limited to, the PetSmart Marks, images, text, graphics, buttons, screenshots, and other content or material (collectively, the “Site Content”), are the sole and exclusive property of PetSmart.

UNAUTHORIZED COPYING, REPRODUCTION, MODIFYING, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, MAKING DERIVATIVE WORKS OF, OR DUPLICATING ALL OR ANY PART OF THE SITE IS PROHIBITED.

PetSmart uses a network of independent product and content suppliers, distributors, and other such 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 product and other such third parties that are not owned by us but appear on the Site are the property of their respective owners.

Limitations Regarding Information, Articles and Advice

PetSmart offers information, articles, and advice to pet parents through this Site for educational purposes only. Any information offered through this Site 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 regular veterinarian or local animal hospital.

User Content

“User Content” of the Site user means any and all information and content that such user submits to PetSmart by any means, including through social media (e.g., Facebook, YouTube, Instagram, Pinterest, Twitter), or uses with the Site (e.g., a user profile, product review, question & answer). 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 (i) you own, or have the necessary licenses, rights, and/or consents to use your User Content with the Site as described herein and (ii) your User Content does not violate the Acceptable Use Policy. You may not state or imply that your User Content is in any way provided, sponsored, or endorsed by PetSmart. Because you alone are responsible for your User Content (and not PetSmart), you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. PetSmart is not obligated to backup any User Content, makes no representation that it will do so, and you agree that PetSmart 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 PetSmart 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, PetSmart social media platforms or marketing initiatives. 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.

PetSmart will treat any feedback, communications, or suggestions you provide to PetSmart as non-confidential and non-proprietary. Thus, in the absence of a written agreement with PetSmart to the contrary, you agree that you will not submit to PetSmart any information or ideas that you consider to be confidential or proprietary.

Acceptable Use Policy

You agree not to use the Site to collect, upload, transmit, display, or distribute any User Content (a) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, 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 commercially exploit the Site or use it 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; or (f) harass or interfere with another user’s use and enjoyment of the Site.

We reserve the right (but have no obligation under this Agreement) to review any User Content, investigate, and/or take appropriate action against you, at our sole discretion, if you violate the Acceptable Use Policy or any other provision of this Agreement, including removing or modifying your User Content, terminating your PetSmart Account, and/or 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 PetSmart Account username and password, 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 (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 PetSmart and PetSmart is not responsible for any Third Party Sites. PetSmart 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.

Each Site user is solely responsible for any and all of its User Content. 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. Your interactions with other Site users are solely between you and such user. You agree that PetSmart 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.

You hereby release us, our officers, employees, 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.

Disclaimer of Warranties

PetSmart intends for the information and data contained in the Site to be accurate and reliable but since the information and data have been compiled from a variety of sources, they are provided “AS IS” and “AS AVAILABLE.” You expressly agree that your use of the Site and any information contained therein is at your sole risk. NEITHER PetSmart NOR ITS THIRD PARTIES WARRANT THE ACCURACY, OR COMPLETENESS OF THE CONTENT PROVIDED ON THIS SITE OR THE PRODUCTS OR SERVICES OFFERED FOR SALE ON THIS SITE. WE CANNOT AND DO NOT WARRANT THAT YOUR USE OF THIS SITE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE. Accordingly, to the extent permitted by applicable law, PetSmart EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Some jurisdictions do not allow the disclaimer of warranties so such disclaimers may not apply to you.

Limitation on Liability

IN NO EVENT SHALL PetSmart, OUR OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, SUBSIDIARIES, PARENTS, JOINT VENTURES, SUCCESSORS, AND ANY OTHER COMPANIES UNDER COMMON CONTROL WITH US BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM OR IN ANY WAY RELATED TO YOUR RELATIONSHIP WITH PetSmart, YOUR USE OF THE SITE, PRODUCTS, OR THIRD PARTY SITES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE, PRODUCTS AND THIRD PARTY SITES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR IN ANY WAY RELATED TO YOUR RELATIONSHIP WITH PetSmart OR THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY U.S. DOLLARS ($50) OR (B) AMOUNTS YOU’VE PAID PetSmart IN THE PRIOR 12 MONTHS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AGREE THAT ANY CLAIM BETWEEN US MUST BE BROUGHT WITHIN TWO (2) YEARS OR IT IS OTHERWISE WAIVED AND TIME-BARRED.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

Indemnity

You agree to indemnify and hold PetSmart, our officers, employees, agents, affiliates, subsidiaries, parents, joint ventures, successors, and any other companies under common control with us harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (i) your use of the Site or Products, (ii) your User Content, or (iii) your violation of this Agreement. PetSmart 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 PetSmart. PetSmart will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

Dispute Resolution and Arbitration Agreement

The parties acknowledge that any statutory or common law claims related to intellectual property may require forms of equitable relief that are best administered by courts; accordingly, the parties agree that except for statutory or common law claims related to intellectual property and disputes that qualify for small claims court (as set forth below), any controversy or claim arising out of or relating to this Agreement or any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory (“Dispute”), will be resolved in binding individual arbitration if it cannot be resolved informally consistent with the mandatory procedures set forth below. Dispute shall have the broadest possible meaning and include claims that arose before this or any prior Agreement and claims that might arise after the termination of this Agreement. This Dispute Resolution and Arbitration Agreement shall be governed by the Federal Arbitration Act (“FAA”).

A party shall retain the right to have a Dispute heard in small claims court (at any time prior to the appointment of an arbitrator) assuming the claim(s) falls within the jurisdictional limits of small claims court and the matter remains in that court and is not removed or appealed to a court of general jurisdiction. This Dispute Resolution and Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and, if the law allows, they can seek relief against us for you.

(a) Mandatory Informal Dispute Resolution Process.

Should a Dispute arise between us that cannot be resolved by customer service, PetSmart is committed to seeking to resolve it with you informally. You and we agree to engage in good faith for a 60-day period before either party may initiate any formal proceeding with the goal of resolving any Dispute. You or we agree to commence this informal dispute resolution process by sending the other party a written description of the Dispute including the nature and basis of the claim(s) and the nature and basis of the relief sought, including a calculation for that requested relief. In addition, if applicable, you and we agree to provide information sufficient to identify any relevant transaction(s). This information shall collectively be set forth in a written notice that is personally signed by you or us (“Notice”). Should you submit a Notice, you shall send it to PetSmart at PetSmart LLC, Attn: General Counsel, 19601 N. 27th Avenue, Phoenix, AZ 85027 or via e-mail to [email protected]. Should we submit a Notice, we shall send it to the mailing address and/or e-mail address we have on file for you. As the parties engage in an effort to resolve the Dispute, PetSmart might request a telephone conference to facilitate a resolution. You agree that if PetSmart requests a telephone conference, you will personally participate, along with your counsel if you are represented. If the parties are unable to resolve the Dispute within this 60-day period after a fully completed Notice is received by you or us (absent agreement to extend this time period), you or we may commence a formal proceeding consistent with this Agreement. The statute of limitations shall be tolled during this informal dispute resolution process. Compliance with this informal dispute resolution process is mandatory and a condition precedent to initiating arbitration or a formal proceeding consistent with this Agreement.

A court of competent jurisdiction shall have authority to enjoin the filing or prosecution of a Dispute in arbitration based on a failure to comply with this mandatory informal dispute resolution process. A party may elect to raise non-compliance with this process in arbitration.

(b) Arbitration Process.

To initiate arbitration, you or we shall follow the applicable rules of the arbitration administrator. You will also provide a written certification of compliance with the informal dispute resolution process referenced above. You and we agree that the American Arbitration Association (“AAA”) shall be the administrator of any arbitration in accordance with its Consumer Arbitration Rules (“AAA Rules”) as modified by this Agreement. Should AAA be unable or unwilling to administer the arbitration consistent with this Agreement, then you and we agree that National Arbitration and Mediation (“NAM”) shall be the administrator of any arbitration in accordance with its applicable consumer rules as modified by this Agreement. Should NAM be unable or unwilling to administer the arbitration consistent with this Agreement, then you and we agree to select a mutually-agreeable arbitration administrator that will administer the arbitration consistent with this Agreement. If you and we are unable to agree, then you and we will jointly petition a court of competent jurisdiction to appoint an arbitration administrator that will administer the arbitration consistent with this Agreement.

All issues are for the arbitrator to decide, except for those issues specifically referenced in this Dispute Resolution and Arbitration Agreement and issues relating to the scope, application, and enforceability of this Dispute Resolution and Arbitration Agreement, which are for a court of competent jurisdiction to decide. The arbitrator shall apply the terms of this Agreement just as a court would.

Unless the parties agree otherwise, the arbitration shall be presided over by a single arbitrator and shall take place in the county in which you reside or in a location that is reasonably convenient for you. For claims of $14,000 or less, you can choose whether you would like arbitration carried out based only on documents submitted to the arbitrator, or by a hearing in person or by phone, however, we reserve the right to request a hearing (which shall be determined by the arbitrator).

Arbitration fees shall be governed by the AAA Rules (or the rules of the arbitration administrator consistent with the provision above). An arbitrator may award arbitration costs and fees to a party upon a showing that the claim(s) and/or arbitration proceeding are frivolous or brought for an improper purpose or for the purpose of harassment. The arbitrator shall apply Federal Rule of Civil Procedure 68 after entering an award. Except as provided below, the arbitrator can award the same damages and relief that a court can award under applicable law. The arbitrator shall issue a ruling that includes the essential findings of fact and law upon which the award is based.

Judgment on the award rendered by the arbitrator may be entered in any federal or state court of competent jurisdiction located in the County of Maricopa in the State of Arizona. For more information about arbitration, the AAA and the arbitration process, please consult the AAA website at www.adr.org.

The arbitrator’s award shall be binding only between the parties to the arbitration proceeding. It shall have no preclusive effect in any other arbitration or other proceeding involving a different party, provided that the arbitrator may consider rulings in other arbitrations involving different parties.

YOU AND WE AGREE THAT THE ARBITRATOR MAY ONLY AWARD RELIEF (INCLUDING DECLARATORY AND INJUNCTIVE RELIEF) IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM. THE ARBITRATOR MAY NOT AWARD RELIEF FOR OR AGAINST ANYONE THAT IS NOT A PARTY TO THE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF CLASS, COLLECTIVE, JOINT, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION SHALL BE CONDUCTED AND DECIDED ON AN INDIVIDUAL BASIS; CLASS ARBITRATION IS EXPRESSLY PROHIBITED. YOU AND WE AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED OR LITIGATED ON A CLASS, COLLECTIVE, JOINT, OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS A PRIVATE ATTORNEY GENERAL OR IN CONNECTION WITH A REQUEST FOR PUBLIC INJUNCTIVE RELIEF). THIS WAIVER OF CLASS ACTIONS AND COLLECTIVE RELIEF IS AN ESSENTIAL PART OF THE DISPUTE RESOLUTION AND ARBITRATION AGREEMENT; IF IT IS DEEMED INVALID OR UNENFORCEABLE WITH RESPECT TO A PARTICULAR CLAIM OR REQUEST FOR RELIEF (SUCH AS A REQUEST FOR PUBLIC INJUNCTIVE RELIEF), AND ALL APPEALS OF THAT DECISION ARE EXHAUSTED OR IT IS OTHERWISE FINAL, THEN THAT CLAIM OR REQUEST FOR RELIEF SHALL PROCEED IN A COURT OF COMPETENT JURISDICTION BUT BE STAYED PENDING ARBITRATION OF ALL REMAINING CLAIMS AND REQUESTS FOR RELIEF.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE PARTIES WAIVE THE RIGHT TO A JURY TRIAL.

(d) Additional Procedures Applicable to Multiple Consumer Case Filings (Mass Arbitration).

If 25 or more claimants pursue, or intend to pursue, demands for arbitration against PetSmart raising similar claims and counsel for the claimants are the same or coordinated (“Mass Arbitrations”), then the following additional procedures shall apply. You agree that if you or your counsel elect to pursue your Dispute as part of Mass Arbitrations, then the adjudication of your Dispute might be delayed. The Mass Arbitrations will be subject to a staged bellwether process and the AAA Multiple Consumer Case Filing Fee Schedule shall apply (or the mass arbitration fee schedule of the designated arbitration body, as set forth above). Counsel for the claimants and counsel for PetSmart shall each select 20 cases per side (40 total) to be filed in, and to proceed in, arbitration in bellwether proceedings to be adjudicated individually, with each case assigned to a separate arbitrator. In the meantime, no other demands for arbitration may be filed, processed, or deemed filed with AAA (or the designated arbitration body, as set forth above). Should the parties be unable to resolve the remaining demands for arbitration after the adjudication or resolution of the first set of bellwether proceedings, each side shall select 20 additional cases per side (40 total) to be filed in, and to proceed in, arbitration in bellwether proceedings to be adjudicated individually, with each case assigned to a separate arbitrator. In the meantime, no other demands for arbitration may be filed, processed, or deemed filed with AAA (or the designated arbitration body, as set forth above). This staged process shall continue until the parties adjudicate or resolve all of the Mass Arbitrations. No fees shall be assessed for a given case until that case is selected for a bellwether proceeding. If these additional procedures apply to your demand for arbitration, any statutes of limitations applicable to your claims shall be tolled from the time that the first cases are selected for the first set of bellwether proceedings until your demand for arbitration is selected for a bellwether proceeding, withdrawn, or otherwise resolved. A court will have the authority to enforce these Additional Procedures Applicable to Multiple Consumer Case Filings (Mass Arbitration) and, if necessary, to enjoin the filing or prosecution of arbitrations and/or the assessment of fees.

(e) Survival and Modifications.

This agreement to arbitrate shall survive termination of this Agreement. Notwithstanding any provisions to the contrary, modifications to this Dispute Resolution and Arbitration Agreement shall not apply in connection with any Dispute for which notice has already been given to you or PetSmart.

Respect for Copyright Law

PetSmart respects the intellectual property of others and asks that users of our Site do the same. Except as authorized above, you are not permitted access or use of any of PetSmart’s Intellectual Property without our prior written consent or the consent of such third party that may own intellectual property with respect to Products displayed on the Site. In connection with our Site, Products, and any services we offer, we have adopted and reasonably implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our Site who are repeat infringers of intellectual property rights, including copyrights. If you believe that your work has been copied in a way that constitutes copyright infringement and wish to have the allegedly infringing material removed from our Site, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:

your physical or electronic signature;
identification of the copyrighted work(s) that you claim to have been infringed;
identification of the material on our services that you claim is infringing and that you request us to remove;
sufficient information to permit us to locate such material;
your address, telephone number, and e-mail address;
a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorneys’ fees incurred by us in connection with the written notification and allegation of copyright infringement.

You may submit your counter notification to PetSmart’s Copyright Agent by mail or e-mail as set forth below:

PetSmart
Attn: General Counsel
19601 N. 27th Ave.
Phoenix, AZ 85027
[email protected]

General

We reserve the right to make changes to our Site, this Agreement and other service terms, such as our Privacy Policy at any time. Each time you use our Site, you should visit and review the then current terms that apply to your transactions and use of our Site. If you do not agree to be bound by the then current terms, your sole remedy is not to use our Site. Except as otherwise provided herein, if any terms of this Agreement or other service terms are deemed invalid, void, or for any reason unenforceable, any such term shall be deemed severable and shall not affect the validity and enforceability of any other terms.

This Agreement constitutes the entire agreement between you and us regarding the use of the Site and the purchase of any Products on our Site. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. This Agreement is governed by the FAA and the laws of the State of Arizona without regard to conflict of law provisions. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word “including” means including without limitation. Except as otherwise provided herein, if any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without PetSmart’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Agreement shall be binding upon assignees.

Contact Us

If you have questions about our Terms of Use or Privacy Policy, contact us via email or phone at 1-888-839-9638.

Mail

PetSmart LLC
Attn: Legal Department – Data Privacy
19601 N. 27th Avenue
Phoenix, AZ 85027