Terms and Conditions
Last Revised: July 14, 2021
These Terms and Conditions also include a jury trial waiver.
1. Changes to Terms and Conditions. We may revise and update these Terms and Conditions from time to time in our sole discretion. The date these Terms and Conditions were last updated is set forth at the top of this page. If we revise these Terms and Conditions, you will be prompted to review and accept the revised Terms and Conditions before you may resume access to and use of the Services. After your acceptance indicating your agreement to the revised Terms and Conditions, the revised Terms and Conditions shall apply to all subsequent access to and use of the Services. If you do not agree to the revised Terms and Conditions, do not accept the revised Terms and Conditions, immediately close your account with Destination Pet, delete the Application from any mobile device owned or controlled by you upon which you downloaded and installed the Application (“Mobile Device”), and do not use of the Services.
2. Scope of and Restrictions on Use. Destination Pet hereby grants to you on the conditions of these Terms and Conditions a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (a) access and use the Services for your personal, non-commercial use, including any graphics, text, instructions, images, audio files and/or other sounds, videos, and other materials you may view on, access through, or are otherwise related to the Services (collectively, the “Content”); and (b) download and install the Application on Mobile Devices. Except as otherwise set forth in these Terms and Conditions, the Content may not be copied, downloaded, or stored in a retrieval system for any other purpose, nor may the Content be redistributed, reused, or modified for any purpose, without the express written permission of Destination Pet. You agree not to:
- collect information from the Services using an automated software tool or manually on a mass basis;
- use automated means to access the Services, or gain unauthorized access to the Services or to any account or computer system connected to the Services;
- obtain, or attempt to obtain, access to areas of the Site or Application or our systems that are not intended for access by you;
- “flood” the Services with requests or otherwise overburden, disrupt, or harm the Services or our systems;
- restrict or inhibit other users from accessing or using the Services;
- modify or delete any copyright, trademark, or other proprietary rights notices that appear on the Site or Application or in the Content;
- access or use the Services or Content for any unlawful purpose or otherwise beyond the scope of the rights granted in these Terms and Conditions.
If you download the Application, you further agree not to:
- copy the Application (except to install the Application on your Mobile Devices);
- modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Application;
- reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application or any part of the Application;
- rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application or any features or functionality of the Application to any third party for any reason, including by making the Application available on a network where the Application is capable of being accessed by more than one device at any time;
- remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application.
3. Ownership. The Services (including the Content) are owned by Destination Pet and its licensors and are protected under copyright, trademark, and other applicable United States and international laws and treaties. Further, the trademarks, service marks, and logos displayed on the Site and/or any Application are registered and unregistered marks of Destination Pet and, as applicable, its licensors. The Application is licensed, not sold, to you. You acknowledge and agree that, as between you and Destination Pet, Destination Pet is and shall remain the sole owner of the Services and the Content, including all patents, copyrights, trademarks, trade secrets, and other intellectual property and proprietary rights in and to the Services and Content.
4. Account Registration and Security. Access to and use of certain Services may require you to register for an account. You agree to provide true, accurate, current, and complete information about yourself as prompted by the applicable registration or log-in form, and you are responsible for keeping such information up to date. You are responsible and liable for all activities conducted through your account, regardless of who conducts those activities. You may not share your account with anyone or allow anyone else to access or use your account, other than your parents or legal guardians who have rights to access and manage your account if you are a minor. If you are a parent or legal guardian, you may permit your child to use the account instead of you, however you are liable for the activities of your child. You are responsible for maintaining the confidentiality of your account information, including your username and password. You agree to immediately notify Destination Pet of any unauthorized use of your account, or any other breach of security. We are not liable for any loss or damage arising from your failure to protect your username or password.
5. Communications with Destination Pet. The communications between you and Destination Pet via the Services use electronic means, including via email, text message, calls, and push notifications to the mobile telephone number you provided to Destination Pet. For contractual purposes, you consent to receive communications from us in electronic form, and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further understand and agree that you may receive communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages sent by or on behalf of Destination Pet and/or its affiliated companies, including communications concerning appointments or prescription requests placed through your account on the Services. Message and data rates may apply. If you do not wish to receive promotional emails, text messages, or other communications, you may change your notification preferences in your account. To opt out of receiving promotional text messages from Destination Pet, you must reply “STOP” from the Mobile Device receiving the messages. For purposes of clarity, delivery of text messages between you and Destination Pet regarding appointments and prescriptions are transactional text messages, not promotional text messages.
6. Online Purchases and Other Terms and Conditions. If we provide functionality to make purchases through the Services or other transactions for the sale of products or services formed through the Services, then those purchases and transactions are governed by our third-party vendors’ terms of sale. You further understand and agree that Destination Pet is not responsible or liable for any products or services provided by any third party that may be purchased through the Services or any third party’s acts or omissions related to purchases of such products or services. Any other policies, rules, or guidelines that may be applicable to specific portions or features of the Services are incorporated into these Terms and Conditions. If you do not agree to be bound to such additional terms and conditions, you should not indicate any assent or acceptance of such terms and conditions.
8. Sweepstakes, Contests, and Games. These Terms and Conditions apply to any sweepstakes, contests, games, or other promotions (collectively, “Promotions”) made available via the Services, but may also have specific rules that are different from these Terms and Conditions. We urge you to review the applicable rules before you participate in a Promotion. In the event of a conflict between these Terms and Conditions and Promotion rules, Promotion rules will control.
9. Application Updates. Destination Pet may, from time to time in its sole discretion, develop and provide Application updates, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, “Updates”). Updates may also modify or delete in their entirety certain features and functionality of the Services. You agree that Destination Pet has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality of the Services. Based on your Mobile Device settings, when your Mobile Device is connected to the Internet, either: (a) the Application will automatically download and install all available Updates; or (b) you may receive notice of or be prompted to download and install available Updates. You agree to promptly download and install all Updates and acknowledge and agree that the Application or portions of the Application may not properly operate should you fail to do so. You further agree that these Terms and Conditions apply to all Updates which will be deemed part of the Application.
10. Change and Suspension.
10.1. Changes to the Services. Destination Pet reserves the right to make changes to, suspend, or discontinue (temporarily or permanently) the Services or any portion of the Services (including any Content) at any time. You agree that Destination Pet shall not be liable to you or to any third party for any such change, suspension, or discontinuance.
10.2. Suspension/Termination of Access. Destination Pet has the right to deny access to, and to suspend or terminate your access to, the Services or to any features or portions of the Services, at any time and for any reason, including if you violate these Terms and Conditions. If we suspend or terminate your access to the Services, you shall continue to be bound by the Terms and Conditions that were in effect as of the date of your suspension or termination.
11.1. Disclaimer of Warranties. The Services and Content are provided to you on an “AS IS” and “AS AVAILABLE” basis, without warranties of any kind, and Destination Pet hereby disclaims all warranties, whether express, implied, statutory, or otherwise, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Neither Destination Pet nor any person associated with Destination Pet makes any representation or warranty with respect to the completeness, security, reliability, quality, accuracy, or availability of the Services or any Content. Further, neither Destination Pet nor anyone associated with Destination Pet represents or warrants that the Services or Content will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that the Services, Content, or the servers that make them available are free of viruses or other harmful components, or that the Services or Content will otherwise meet your needs or expectations.
11.2. Limitation of Liability. To the fullest extent permitted by law, in no event shall Destination Pet or its officers, directors, employees, agents, licensors, or service providers be liable for any direct, indirect, incidental, consequential, special, punitive, or exemplary damages arising from or related to your use or inability to use the Services or Content, including personal injury or death, loss of revenue, loss of profits, loss of business, loss of use, or loss of data, whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable. Despite the liability exclusions of this Section 11.2, if Destination Pet is found liable for any loss, damage, or injury under any legal theory relating in any way to the subject matter of these Terms and Conditions, in no event shall Destination Pet’s aggregate liability to you or any third party exceed U.S. $1,000.00. The foregoing limitations shall apply even if your remedies under these Terms and Conditions fail of their essential purpose. Use of the Services is at your sole risk.
11.3. Exclusions. Some jurisdictions do not allow the exclusion or limitation of certain warranties or consequential damages, so some of the exclusions and/or limitations in this Section 11 may not apply to you.
12. Indemnification. You agree to indemnify, defend, and hold Destination Pet and Destination Pet’s officers, directors, employees, agents, licensors, and service providers harmless from and against any claims, liabilities, losses, damages, judgments, awards, costs, and expenses (including reasonable attorneys’ fees) arising out of or resulting from: (a) your use of the Services and/or any Content; (b) any violation of these Terms and Conditions by you; or (c) any violation of applicable law by you. We reserve the right, at our own expense, to assume the exclusive defense and control of any action requiring indemnification by you, and in such event you agree to cooperate with us in defending such action. Your indemnification, defense, and hold harmless obligations will survive the termination of your use of the Services, any Content, and/or these Terms and Conditions.
13. Third Party Materials. The Services may display, include, or make available third-party content (including data, information, applications, and other products services and/or materials) or provide links to third-party websites or services (collectively, “Third Party Materials”). You acknowledge and agree that Destination Pet is not responsible for any Third Party Materials, including their accuracy, completeness, timeliness, validity, legality, decency, quality, or any other aspect of Third Party Materials. Destination Pet does not assume and shall not have any liability to you or any other person or entity for any Third Party Materials. Third Party Materials and links to Third Party Materials are provided solely as a convenience to you, and you access and use them at entirely at your own risk and subordinate to such third parties’ terms and conditions.
14. Third Party Platforms. Destination Pet may provide the Services to you through third-party websites, operating systems, platforms, and portals, including social networking sites (collectively, “Third Party Platforms”). If you log in to your Destination Pet account via a third-party network, such as Facebook or Google, you hereby authorize Destination Pet to pre-populate the registration and other relevant information fields of your account and/or to use such third-party credentials to log you into your account. Additional terms and conditions may apply to you with respect to your use of Third Party Platforms, which are not under Destination Pet’s control. Destination Pet does not assume any responsibility or liability for your use of such Third Party Platforms.
15. U.S. Export Controls. The Application may be subordinate to United States export laws, including the including the United States Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Application to, or make the Application accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable laws, rules, and regulations, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing or otherwise making the Application available outside the United States.
16.1. Dispute Resolution. You and we agree that any dispute or claim relating to the interpretation, applicability, enforceability, or formation of these Terms and Conditions or your use of the Services and/or Content will be resolved exclusively through final and binding arbitration, rather than in court. This agreement to arbitrate is intended to be broadly interpreted and includes any claims based on breach of contract, tort (for example, a negligence or product liability claim), violation of law, or any claims based on any other theory, and including those based on events that occurred prior to the date of this agreement, with the following exceptions:
- You may assert claims in your local small claims court if permissible under the small claims court’s rules;
- Any claim regarding the validity, protection, or enforcement of a party’s intellectual property rights (such as its patent, copyright, trademark, trade secret, or moral rights, but not including its privacy or publicity rights) must be brought in court; and
- In the event this agreement to arbitrate is for any reason held to be unenforceable, any dispute or claim against us (except for small-claims court actions) may be commenced only in a federal or state court located in Denver, Colorado, and you and we consent to the jurisdiction of and venue in those courts for such purposes. You and we also consent to the jurisdiction of and venue in those courts for purposes of any claim regarding the validity, protection, or enforcement of a party’s intellectual property rights (excluding its privacy or publicity rights). You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
This agreement to arbitrate is governed by the Federal Arbitration Act, including its procedural provisions, in all respects.
16.2. Prohibition of Class Actions and Non-Individualized Relief. Class actions, class arbitrations, and any other representative actions are not permitted; you and we may bring a claim only in each of our individual capacities. The arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual part seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim. If this specific provision is found to be unenforceable, then all of Section 16, other than subsection 16.8, will be null and void and neither of us shall be entitled to arbitrate our dispute.
16.3. Arbitration Rules. The arbitration will be administered by the American Arbitration Association (“AAA”) and will be governed by AAA’s Consumer Arbitration Rules (“AAA Rules”), as modified by these Terms and Conditions. The AAA Rules may be accessed at www.adr.org. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity and must enforce the same limitations stated in these Terms and Conditions as a court would. The arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction over the judgment and any award.
16.4. Demand for Arbitration. A party who intends to arbitrate (“Claimant”) must first send to the other party (“Respondent”) a written notice, entitled “Demand for Arbitration” (“Demand”). The Demand must: (a) briefly explain the dispute; (b) provide the Claimant’s name and address, (and if you are the Claimant, your telephone number and e-mail address associated with your Destination Pet account); (c) specify the amount of money in dispute, if applicable; and (d) include a statement of what relief or resolution is being sought. The Claimant must send one copy of the Demand to AAA at the same time the Claimant sends the Demand to the Respondent. When sending a copy of the Demand to AAA, the Claimant must also include a copy of this arbitration provision and any amendments to the provision (see Section 16.7) and the then-current filing fee required by the AAA. The Demand must be sent to the AAA at the following address:
American Arbitration Association
Case Filing Services
1101 Laurel Oak Road, Suite 100
Voorhees, NJ 08043
Alternatively, the Demand may be filed with the AAA online using: AAA WebFile: www.adr.org. Any Demand to Destination Pet should be addressed to: Destination Pet, ATTN: General Counsel, 8822 S. Ridgeline Blvd. #260, Highlands Ranch, CO 80129.
16.5. Filing, Administration and Arbitrator Fees. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this Section 16. If the value of the relief sought is U.S. $10,000 or less and you timely submitted your Demand, at your request, we will pay all filing, administration, and arbitrator fees associated with the arbitration, but not your attorneys’ fees. Any request for payment of filing, administration, and arbitrator fees by Destination Pet should be submitted by mail to the AAA along with your Demand and Destination Pet will make arrangements to pay all such necessary fees directly to the AAA. If the arbitrator determines that the claim(s) you assert in the arbitration are frivolous, you agree to reimburse us for all fees associated with the arbitration paid by Destination Pet on your behalf that you otherwise would be obligated to pay under the AAA Rules.
16.6. Opt-Out Procedure. If you do not wish to be bound by the arbitration provisions in this Section 16, you must notify Destination Pet in writing within 30 days of the date that you accept these Terms and Conditions for the first time. You may opt out by mailing a written notice to Destination Pet at the address in Section 20. Your written notification must include your name, mailing address, e-mail address, phone number and Destination Pet Customer ID number and include a clear statement that you do not wish to resolve disputes with Destination Pet through arbitration. If you opt out of arbitration, all other provisions of these Terms and Conditions shall continue to apply.
16.7. Amendment to Arbitration Provisions. Without exception, you and we agree that if we make any amendment to the arbitration provisions in this Section 16 in the future (other than an amendment to any notice address or site link provided in these Terms and Conditions), that amendment shall not apply to any claim that was filed in a legal proceeding against Destination Pet prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims that have arisen or may arise between you and us. We will notify you of amendments to the arbitration provisions of this Section 16 by posting the amended terms on www.destinationpet.com/terms-and-conditions/, and/or by providing notice to you by email, at least 30 days before the effective date of the amendments. If you do not agree to the amended terms, you must close your account with Destination Pet and delete the Application from your Mobile Device within the 30-day period. If you fail to close your account and delete the Application from your Mobile Device within the 30-day period, you will be bound to the amended terms.
16.8. Jury Trial and Class Action Waiver. If for any reason a claim proceeds in court rather than in arbitration, you and Destination Pet each unconditionally waive any right to a jury trial. This means that any claim will be decided by a judge, not a jury. Regarding any claim that proceeds in court, you and we agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class, or representative, or private attorney general action or proceeding.
17. Termination. You may terminate your Destination Pet account at any time by deleting the Application from your Mobile Device(s) and ceasing all use of the Services. Destination Pet may suspend or terminate your access to your account and your use of the Services at any time for any reason without notice and in its sole discretion. If we suspend or terminate your account for cause, such suspension or termination may be due to: (a) your violation of these Terms and Conditions; (b) requests or orders by law enforcement or other agencies; (c) your request; (d) discontinuance or material modification to the Services, in whole or in part; (e) unexpected technical or security issues or problems; and/or (f) extended period of inactivity. Under no circumstances will Destination Pet be liable to you or any third party for any suspension or termination of your account or these Terms and Conditions. Upon termination of your account for any reason, these Terms and Conditions shall terminate as an agreement between you and Destination Pet; however, all provisions which by their nature should survive will survive, including indemnity obligations, warranty disclaimers, dispute resolution, and limitations of liability.
18. Notice Regarding Apple. The following additional terms and conditions apply to use of the Application on an Apple, Inc. (“Apple”) iOS-powered Mobile Device. You and Destination Pet acknowledge that these Terms and Conditions are concluded between you and Destination Pet only, and not with Apple, and Apple is not responsible for the Application or the content within the Application. You agree that your license to use the Application is limited to the Apple iOS Mobile Device that you own or control and that your use of the Application shall be governed by the usage rules set forth in Apple’s then-current App Store Terms of Service. You and Destination Pet acknowledge that Apple shall have no obligation to provide maintenance and support services with respect to the Application. In the event of any failure of the Application to conform to any applicable warranty, you may contact Apple and Apple will refund the purchase price for the Application to you. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to the Application, and Apple will not be responsible for any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the Application to conform to any warranty. You and we acknowledge that Apple shall have no responsibility for addressing any claims by you or any third party relating to the Application or your possession and/or use of the Application, including: (a) product liability claims; (b) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy or similar legislation. If a third party claims that the Application or your possession and use of the Application infringes a third party’s intellectual property rights, Apple is not responsible for the investigation defense, settlement or discharge of any such intellectual property infringement claim. You represent and warrant that you are not located in a country that is governed by a United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and that you are not listed on any United States government list of prohibited or restricted parties. You agree to comply with all applicable third party terms of agreement when using the Application. You and we agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms and Conditions. Upon your acceptance of these Terms and Conditions, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions against you as a third party beneficiary of these Terms and Conditions.
19.1. Geographic Restrictions. Destination Pet is based in the State of Colorado in the United States. We make no claims that the Services or the Content are accessible or appropriate outside of the United States. Access to and use of the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
19.2. Governing Law; Jurisdiction and Venue. These Terms and Conditions and any dispute or claim arising out of or related to these Terms and Conditions, their subject matter, or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Colorado, other than such laws and case law that would result in the application of the laws of a jurisdiction other than the State of Colorado.
19.3. Limitation on Time to File Claims. Any cause of action or claim you may have arising out of or relating to these Terms and Conditions or the Services and/or Content must be commenced within one (1) year after the cause of action or claim accrues, otherwise, such cause of action or claim is permanently barred.
19.4. Waiver and Severability. Our failure to exercise or enforce any right or provision of these Terms and Conditions will not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent possible, and the remaining provisions of these Terms and Conditions will continue in full force and effect.
20. Questions. If you have any questions about the Services or these Terms and Conditions, please email us at firstname.lastname@example.org, or write to us at Destination Pet, 8822 S. Ridgeline Blvd. #260, Highlands Ranch, CO 80129.
21. Notice to California Residents. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.