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
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
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.
Please review our Privacy
Policy, which also governs your use of our Site and is incorporated here by reference, to understand
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.
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.
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
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.
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.
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
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
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
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
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" 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
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
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.
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@example.com. 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
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.
(c) Individual Relief; Class Action Waiver; Jury Trial
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
(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
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
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:
Attn: General Counsel
19601 N. 27th Ave.
We reserve the right to make changes to our Site, this Agreement and other
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
Regular Mail: PetSmart, Inc. Attn: Customer Care, PO Box 100, Melbourne, FL 32902
Phone: Toll-free: 1-888-839-9638 (U.S. Customers) 1-321-309-9065 (Customers Outside of the U.S.) 8am-9pm