Terms and Conditions
The following is the Product Agreement between Pet Direct Savings (“We and Us”) and the person who has enrolled in the Pet Direct Savings product (“You”). UPON ENROLLMENT, YOU AGREE TO BE BOUND BY THESE TERMS OF PRODUCT. YOU SHOULD READ THIS PRODUCT AGREEMENT CAREFULLY. If you have any questions regarding your PRODUCT, You may contact our customer service center 24 hours a day at the toll-free number listed on your PRODUCT Card.
PRODUCT Benefits
As a Member, You are entitled to access discounts and/or other Benefits on various products and services offered by participating vendors through the Pet Direct Savings Website and the customer service center (“Benefits”), as described in your PRODUCT Guide or on the product website (“Product Website”). Some Benefits may not be available in your area. Additionally, the discounts available through the product may not be used in conjunction with any other discount product. PLEASE SEE YOUR PRODUCT MATERIALS AND THE PRODUCT WEBSITE FOR IMPORTANT DETAILS AND LIMITATIONS. All listed or quoted prices are current prices only and are subject to change without notice. We reserve the right to suspend or end the product or certain aspects thereof, without prior notice, at our sole discretion. We also reserve the right to suspend or end certain aspects of the product in certain geographic areas, without prior notice, at our sole discretion.
Product Terms
Your Product is effective immediately upon your enrollment in the product subscription and shall continue on a month-to-month basis until canceled as described below. You may cancel your product subscription at any time by calling Us at the toll-free number listed on your PRODUCT card or by writing Us at the address indicated below. Unless You notify Us that You wish to cancel your PRODUCT by following these instructions or your PRODUCT is otherwise canceled as provided herein, your PRODUCT will continue automatically and You will be billed the then-current PRODUCT fee which will appear on your statement, depending upon how You enrolled.
Payment of PRODUCT Fee
You will be charged $36.72 monthly for the PRODUCT service fee and your subscription is effective immediately upon your enrollment in the product and shall continue on a month-to-month basis until canceled as described below. You will receive a text & email notification 7 days prior to your next monthly bill date. If you do not wish to continue with your enrollment, you may call our customer service line (877) 897-6033, send an email request to customer-support@pet-direct-savings.com, or visit https://pet-direct-savings.com/cancel/. We reserve the right to terminate your subscription at any time without notification, including in the event that we are unable to bill the product fee to your specified billing source.
Continuation of using the product
Unless you notify Us that You don’t want to continue using our product by following the instructions in the paragraph below titled “Termination of Product”, your subscription will continue automatically. You will be billed the then-current product fee that will appear on your Payment Source statement, depending upon how You enrolled. We reserve the right to increase or decrease the product fee, or add new fees and charges, from time to time. You agree that unless You cancel your product prior to the effective date of the product fee increase, You will be charged the new applicable periodic product fee on each anniversary date after the effective date of such change, and You authorize Us to charge the new applicable periodic product Fee to Your Payment Source. You are solely responsible for any and all fees charged to your Payment Source by the issuer, bank, or financial institution including, but not limited to, product, processing, shipping and handling, overdraft, insufficient funds, and over-the-credit-limit fees, in each case to the extent applicable.
Electronic Fund Transfer Authorization
If the Payment Source You have provided is a checking account, You authorize Us to create an electronic funds transfer request (“EFT”) which will be presented to your bank for payment from your checking account. To extend your Product Term month-to-month, You authorize Us to charge Your checking account on periodic anniversary dates and therefore to effect pre-authorized transfers from your checking account. Your request to pay your recurring monthly product Fee with pre-authorized charges to your checking account and your electronic execution of an acknowledgment of your acceptance of this product Agreement (“Electronic Signature”) constitutes Your pre-authorized EFT authorization for future charges on your checking account and your consent to these terms and conditions. You further acknowledge that the amount charged to your checking account may be different from time to time, in accordance with this product Agreement, including, without limitation, differing amounts due to changes in your product plan, and You authorize Us to charge your checking account for such varying amounts. You agree that if an EFT is returned unpaid, You will pay a service charge of the maximum allowed by law. EFTs returned for insufficient or uncollected funds, together with service charges, may be debited electronically from your account or collected using a bank draft drawn from your account. You may cancel your product as described herein. Such cancellation will cancel any checking account authorization that was to occur on any day after the date of cancellation. You may also cancel your pre-authorized debit authorization by contacting Your bank within a sufficient time to cancel the authorization (Please see your agreement with your bank for the terms and conditions of cancellation). Please note, however, that You must still notify Us of the cancellation of your product as described herein, as cancellation of your authorization with your bank will not serve as notice to Us concerning the cancellation of your product.
Use of product
Your product is non-assignable and non-transferable. You agree that only You and your immediate family members may use the product. The term “Immediate Family” shall be defined as You, your spouse, and your children, to the extent each is living in your home with a legal address that is the same as yours. Benefits are not to be resold. You are limited to one product per twelve-month period per Immediate Family. You are responsible for all use of your product and will promptly notify Us if You become aware of any unauthorized use of your product, your product card, or product number, or if your product card is lost or stolen. If You were offered the opportunity to claim a premium or gift in connection with your enrollment in the product, You are limited to one premium or gift per product and, depending upon the offer You agreed to, You may be required to be a member of the product at the time that your claim is processed.
Disclaimer of Liability
You agree that We and our subsidiaries, affiliates, partners, and providers are not responsible or liable for any Benefits provided by participating vendors and, if You have any claims relating to such Benefits, You will make your claim against the vendors providing the Benefits. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO ANY OF THE BENEFITS OR RELATED INFORMATION PROVIDED TO YOU. We do not guarantee, nor are responsible for, the quality of products or services provided by any independent vendors.
We reserve the right to eliminate, add, change and substitute Benefits and participating vendors without notice to You in our sole discretion. We assume no responsibility for the payment of or contribution to any use or sales tax on the Benefits which may be imposed by taxing authorities, and such taxes, to the extent imposed, shall remain your sole responsibility or that of the provider of the Benefits, as the case may be.
IN NO EVENT SHALL WE OR ANY OF OUR AFFILIATES, PARTNERS AND PROVIDERS OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR AGGRAVATED DAMAGES OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH THE PRODUCT, PRODUCT WEBSITE, PRODUCT GUIDE, ANY MATERIALS, INFORMATION, QUALIFICATION, AND RECOMMENDATIONS APPEARING ON ANY PRODUCT WEBSITE, ANY SOFTWARE, TOOLS, TIPS, PRODUCTS, OR SERVICES OFFERED THROUGH, CONTAINED IN OR ADVERTISED ON ANY PRODUCT WEBSITE, AND/OR ANY LINK PROVIDED ON ANY PRODUCT WEBSITE, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. THIS PROVISION SHALL SURVIVE THE TERMINATION OF YOUR PRODUCT.
Changes to Terms and Conditions
We may, at any time, and our sole discretion, modify this Product Agreement by posting the modified Product Agreement on the Product Website. You agree to review this Product Agreement periodically on the Product Website. If You do not agree to any modification of this Product Agreement, You must immediately cancel your product. Continuing your product following any such modifications will constitute your acceptance of the modified product Agreement.
Termination of Product
YOU MAY TERMINATE THIS PRODUCT AGREEMENT AND YOUR PRODUCT AT ANY TIME BY CALLING US AT THE TOLL-FREE NUMBER LISTED ON YOUR PRODUCT CARD/MATERIALS OR BY NOTIFYING US IN WRITING AT CUSTOMER SERVICE, Pet Direct Savings, Pet Direct Savings 1300 PENNSYLVANIA AVE NW # 190 – 708, WASHINGTON, DC 20004. YOUR CANCELLATION WILL BE EFFECTIVE PROMPTLY UPON THE RECEIPT OF YOUR CANCELLATION REQUEST. UPON CANCELLATION, YOU WILL NOT OWE ANY FURTHER PRODUCT FEES AND WILL NOT BE ENTITLED TO A REFUND OF PAST FEES CHARGED TO YOUR ACCOUNT. DEPENDING UPON THE TERMS YOU AGREED TO, ANY ENROLLMENT, OR PROCESSING FEES MAY NOT BE REFUNDABLE. ANY OTHER FEES OR CHARGES INCURRED IN CONNECTION WITH THE PRODUCT (INCLUDING BANK OR OVERDRAFT CHARGES) ARE YOUR RESPONSIBILITY. WE WILL TERMINATE YOUR PRODUCT IF IT IS NOT USED IN ACCORDANCE WITH THIS PRODUCT AGREEMENT OR YOU HAVE NOT PROPERLY ENROLLED IN THE PRODUCT. IN SUCH A CASE, WE RESERVE THE RIGHT TO: (1) NOT REFUND PRODUCT FEES (INCLUDING, WITHOUT LIMITATION, ANY ENROLLMENT OR PROCESSING FEES, SHIPPING AND HANDLING CHARGES, AND OTHER FEES, IN EACH CASE TO THE EXTENT APPLICABLE) PAID BY YOU AND/OR (2) NOT FULFILL ANY PENDING ORDERS FOR BENEFITS PURCHASED PRIOR TO CANCELLATION OF THE PRODUCT. WE RESERVE THE RIGHT TO TERMINATE YOUR PRODUCT AT ANY TIME FOR ANY OTHER REASON. A MEMBER IS PROHIBITED FROM RE-ENROLLING IN THE PRODUCT FOR TWELVE (12) MONTHS FOLLOWING CANCELLATION.
Entire Agreement
This Agreement contains all of the terms and conditions of the products and no representations, inducements, promises, or agreements concerning the product not included in this agreement shall be effective or enforceable. If any of the terms of this Agreement shall become invalid or unenforceable, the remaining terms shall remain in full force and effect.
Governing Law
THIS PRODUCT AGREEMENT AND THE TERMS OF PRODUCT SHALL BE GOVERNED AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF FLORIDA, WITHOUT GIVING EFFECT TO THE CHOICE OF LAW PROVISIONS THEREOF.
Arbitration
PLEASE READ THIS PROVISION CAREFULLY. IT PROVIDES THAT ANY DISPUTE MAY BE RESOLVED BY BINDING ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING. IN ARBITRATION, A DISPUTE IS RESOLVED BY AN ARBITRATOR INSTEAD OF A JUDGE OR JURY. THE ARBITRATOR’S DECISION WILL GENERALLY BE FINAL AND BINDING. ARBITRATION PROCEDURES ARE SIMPLER AND MORE LIMITED THAN COURT PROCEDURES.
Any claim, dispute, or controversy between You and Us (or made by or against anyone connected with You or Us, or claiming through You or Us) arising from or relating to your product (“Claim”), including Claims regarding applicability or validity of this arbitration provision, shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association (“AAA”) (except for any AAA rules providing for class claims or class arbitration) then in effect, subject to this Product Agreement.
Any Claim regarding the validity or enforceability of this arbitration provision shall be governed by the State of New York laws, without giving effect to the choice of law provisions thereof. This arbitration provision is made pursuant to a transaction involving interstate commerce and, in all other respects, including the determination of any questions about whether Claims are within the scope of this arbitration provision and therefore subject to arbitration shall be governed by the Federal Arbitration Act, 9 U.S.C. §1-16 (“FAA”), and shall be resolved by interpreting the arbitration provision in the broadest way the law will allow it to be construed.
All Claims are subject to arbitration, no matter what theory they are based on or what remedy they seek. This includes Claims based on contract, tort (including intentional tort), fraud, agency, negligence, statutory or regulatory provisions, or any other source of law. Claims made and remedies sought as part of a class action, private attorney general or other representative action are subject to arbitration on an individual (non-class, non-representative) basis. As an exception to arbitration, You and We retain the right to pursue in a small claims court located in the federal judicial district that includes your billing address at the time of the Claim, any Claim that is within the court’s jurisdiction, and proceeds on an individual basis.
The arbitration shall be conducted before a single arbitrator, applying to the Claims the substantive laws of the State of New York without giving effect to the choice of law provisions thereof. The arbitrator’s authority is limited solely to the Claims between You and Us alone. The arbitration will not be consolidated with any other arbitration proceeding. You and We do not agree to any arbitration on a class action or representative basis, and the arbitrator shall not be authorized to treat any Claim on a class action or representative basis.
If You prevail in the arbitration of any Claim against Us, We will reimburse You for any fees that You paid to the AAA in connection with the arbitration. Any decision rendered will be final and binding on the parties, and judgment may be entered in a court of competent jurisdiction. Arbitration Rules and forms may be obtained from the AAA at http://www.adr.org/. Claims shall be filed in any AAA office. However, any participatory hearing that You attend shall take place in New York, New York, unless You chose to have the hearing take place in the federal judicial district that includes your billing address at the time the arbitration Claim is filed.
This arbitration provision applies to all Claims now in existence or that may arise in the future. The arbitration provision shall survive termination of your product as well as voluntary payment of the debt in full by You or any bankruptcy by You.
IF YOU DO NOT CHOOSE TO ACCEPT THIS BINDING ARBITRATION PROVISION, YOU MUST NOTIFY US IN WRITING BY REGISTERED MAIL AT ARBITRATION OPT-OUT, Pet Direct Savings 1300 PENNSYLVANIA AVE NW # 190 – 708, WASHINGTON, DC 20004. WITHIN TWENTY (20) DAYS AFTER RECEIPT OF THIS PRODUCT AGREEMENT. IF YOU SO NOTIFY US BY THAT TIME THAT YOU DO NOT ACCEPT THE BINDING ARBITRATION PROVISION, YOU MAY CONTINUE TO BE A MEMBER FOR THE CURRENT PRODUCT TERM UNLESS THE PRODUCT IS OTHERWISE TERMINATED HEREUNDER. HOWEVER, IN THE EVENT YOUR PRODUCT IS CONTINUED, WE SHALL HAVE THE RIGHT NOT TO RENEW YOUR PRODUCT AT THE END OF THE TWELFTH MONTH ANNIVERSARY DATE.
Availability Restrictions
This product is only available to residents of the contiguous United States (excluding any such states as We may designate from time to time in your Product Guide and/or the Product Website). Orders to U.S. military post offices cannot be fulfilled.
Consent to Electronic Communications
You consent to receive communications from Us about Your product electronically, either by e-mail or by notices posted on the Product Website, as determined by Us in our sole discretion. You agree that any requirement that a notice, disclosure, agreement, or other communication be sent to You by Us in writing is satisfied by such electronic communication. You agree that We may send You e-mails that include notices about your product as well as information pertaining to the product and services. You agree that this information is part of your product with Us.
