Last updated: November 12, 2020
THESE TERMS AND CONDITIONS, AS WELL AS ANY OTHER PRODUCT AND SERVICE SPECIFIC TERMS ON OUR SITE, CONSTITUTE YOUR SERVICE AGREEMENT ("AGREEMENT") WITH CHEWY, INC. AND ANY OF ITS OWNED OR OPERATED SITES WHERE THESE TERMS OF UES ARE POSTED ("CHEWY"). 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 CLAUSE A LITTLE LATER ON. YOU AND CHEWY AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND CHEWY WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
When you use our Site, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this Site, 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.Where required by applicable law, we will seek expres prior written consent for marketing text messages or calls to you.
In order to use certain features of the Site (e.g., purchasing from the Site products and services (referred to collectively as "Products" herein)), you must register for an account with Chewy ("Chewy 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 Chewy Account login information. You are fully responsible for all activities that are associated with your Chewy Account (including but not limited to any purchases, use of the Site, or correspondence from your account to Chewy). You agree to keep your username and password information confidential and not share it with anyone. You agree to immediately notify Chewy of any unauthorized use or suspected unauthorized use of your Chewy Account or any other breach of security. When you provide Chewy with such notice, Chewy will suspend or otherwise secure your Account to prevent future unauthorized activity.
The receipt of an order number or an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Chewy 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 Chewy 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. Chewy 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 Chewy's sole discretion.
Risk of Loss
All items purchased from Chewy 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.
Chewy attempts to be as accurate as possible. However, Chewy 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 Chewy is not as described, your sole remedy is to return the product.
"List Price" means the suggested retail price of a product as provided by a manufacturer, supplier or other retailers (and with respect to RX products, veterinarians). Certain products may have a "Was Price" displayed, which is determined using recent price history of the product on Chewy.com.
Chewy cannot confirm the price of an item until you submit an order. If you use Autoship, the price of an item will set at the time the order is processed. (See Autoship Terms and Conditions for more information). Despite our best efforts, it is possible that items in our catalog may be mispriced. If the correct price of an items 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. We do business throughout the United States and collect and remit sales tax as required by law.
Autoship & Save
By selecting Autoship on eligible items on Chewy.com, you agree to the Autoship & Save Terms and Conditions ("Autoship Terms") applicable to our subscription ordering program ("Autoship").
Chewy Gift Cards
Chewy Gift Cards are issued by Chewy Promotions LLC and redeemable at Chewy.com for merchandise and services purchased by residents of the contiguous US. Only one Chewy Gift Card can be redeemed per order. Chewy Gift Cards have no fees and do not expire. Chewy Gift Cards are not transferrable and not redeemable for cash, except where required by law; there are no refunds or returns. Lost, stolen, or damaged Gift Cards may only be cancelled and the remaining balance replaced with proof of purchase. Subject to full Chewy Gift Card Terms and Conditions available at Chewy.com; subject to change. By using your Chewy Gift Card, you accept these terms.
Permissible Uses of Site
Subject to the terms of this Agreement, Chewy grants you a limited, non-transferable, non-exclusive, license to access and make personal use of the Site. This license does not include the right to access or use the Site for any of the restricted purposes set forth below. Chewy 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 Chewy; (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 Chewy'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 Chewy's express written consent.
Chewy reserves the right, at any time, to modify, suspend, or discontinue the Site or any part thereof with or without notice. You agree that Chewy 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 Chewy, including but not limited to, Chewy, the Chewy design logo, the tag line "where pet lover shop" and certain brands including Tylee's, Dr. Lyons, Frisco and American Journey (collectively, the "Chewy Marks"). Any use of the Chewy Marks without the prior written permission of Chewy is strictly prohibited. The arrangement and layout of the Site including but not limited to, the Chewy Marks, images, text, graphics, buttons, screenshots, and other content or material (collectively, the "Site Content") are the sole and exclusive property of Chewy.
UNAUTHORIZED COPYING, REPRODUCTION, MODIFYING, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, MAKING DERIVATIVE WORKS OF OR DUPLICATING ALL OR ANY PART OF THE SITE IS PROHIBITED.
Chewy 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 products, 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
Chewy 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 regulator veterinarian or local animal hospital.
Chewy and its independent contractors, including veterinarians, offer information, articles and advice to pet parents through this site for educational purposes only or, in the case of independent contractors who are veterinarians, to provide teletriage services. Any information offered through this site or in the course of communications as part of teletriage services 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 Chewy 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 (a) you own, or have the necessary licenses, rights, and/or consents to use your User Content with the Site as described herein and (b) 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 Chewy. Because you alone are responsible for your User Content (and not Chewy), you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. Chewy is not obligated to backup any User Content, makes no representation that it will do so, and you agree that Chewy 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 Chewy 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, Chewy 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.
Chewy will treat any feedback, communications, or suggestions you provide to Chewy as non-confidential and non-proprietary. Thus, in the absence of a written agreement with Chewy to the contrary, you agree that you will not submit to Chewy 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 rights, 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 use the Site 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 Chewy 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 Chewy 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 Chewy and Chewy is not responsible for any Third Party Sites. Chewy 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 Chewy 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.
Shelters and Rescues Network Program
By joining our Shelters and Rescues Network Program (“S&R Program”) or otherwise participating in, or applying to participate in, the S&R Program, you agree to at all times comply with this Agreement and all S&R Program policies, schedules, guidelines, and other documents and materials referenced in this Agreement or otherwise posted on the S&R Program Site from time to time (collectively, the “S&R Program Policies”).
We reserve the right to reject or suspend your S&R Program registration and/or participation in the S&R Program if any requested information is inaccurate, incomplete or if you are otherwise not in compliance with the S&R Program Policies. If your registration application is accepted, your charitable organization will be a “Registered Organization” for as long as all of your registration information is current and complete and you continue to be an Eligible Organization. “Eligible Organizations” are those charitable organizations that we determine:
- are qualified under Section 501(c)(3) of the U.S. Internal Revenue Service Code;
- are public charitable organizations and not private foundations;
- are not supporting organizations, unless identified specifically as Type I, Type II, or functionally integrated Type III supporting organizations (as defined in the U.S. IRS Code);
- are headquartered in the United States (the 50 States and the District of Columbia);
- are in good standing in their state of incorporation and in the states where they are authorized to do business;
- are operating an animal rescue, shelter or sanctuary for unwanted, abandoned, abused, or stray pets;
- do not engage in, support, encourage, or promote:
- intolerance, discrimination or discriminatory practices based on race, sex, religion, nationality, disability, sexual orientation, or age;
- hate, terrorism, or violence;
- money laundering;
- other illegal, deceptive, or misleading activities;
- do not promote itself, Chewy, animal welfare, or otherwise in a negative way; and
- are otherwise not in violation of the terms of the S&R Program Policies.
You consent to us sending you notifications (if any), approvals (if any), and other communications relating to the S&R Program, including the S&R Program Policies to the email address then-currently associated with your S&R Program account. You will be deemed to have received all notifications, approvals, and other communications sent to that email address, even if the email address associated with your account is no longer current. You will ensure that all information you provide to us, including your S&R Program application information, email address, and other contact information, is at all times complete, accurate, and up-to-date, and agree that failure to keep such information up to date may result in you no longer being a Registered Organization.
You can only promote or link to the S&R Program site on your website, user-generated content published through a social media account or page, offline mailings, or email correspondence and can only use such of our trademarks or logos, or other content we may make available to you, in all cases in accordance with all S&R Program Policies. You are solely responsible for your site and participation in the S&R Program, your organization, and actions taken by you or on your behalf. We will have no liability for these matters, and you agree to defend, indemnify, and hold us and our affiliates and licensors, and our and their respective employees, officers, directors, and representatives, harmless from and against all claims, damages, losses, liabilities, costs, and expenses (including attorneys' fees) relating to these matters. With respect to any emails, social media posts, mailings and other communications you send (or cause to be sent) in connection with the S&R Program, you acknowledge that you are the originator and sender for all purposes (including under the CAN-SPAM Act of 2003 and all similar laws).
You acknowledge and agree that any products provided to you by Chewy or our customers, either through a “wish-list”, donation or otherwise (the “Provided Products”), are intended to be charitable in nature and directly benefit the animals under your care or supervision in accordance with your charitable mission. As such, you agree that the Provided Products will be used or consumed solely by in furtherance of your charitable mission, and will not be resold, remarketed or otherwise transferred to any other party.
You acknowledge and agree that we may or may cause others to publicly disclose (including through a government filing, press release, interview, or any other public statement) the amount of donations provided to you (individually and/or collectively with other charitable organizations) in connection with the S&R Program. Except as expressly permitted by us in writing, you will not issue any press release or make any other public communication with respect to your participation in the S&R Program.
Either you or we may terminate your participation in the S&R Program at any time, with or without cause, by giving the other party notice of termination, which for your termination notice will require a written request to be removed from the S&R Program, and for our termination notice may include making a notice available for your review on the S&R Program Site or providing email to the email address then-currently associated with your S&R Program account. We also reserve the right, in our sole discretion, to cancel or otherwise terminate the S&R Program at any time.
By joining our Chewy for Professionals Program (“Chewy Pro”) or otherwise participating in, or applying to participate in, Chewy Pro, you agree to at all times comply with this Agreement and all Chewy Pro policies, schedules, guidelines, and other documents and materials referenced in this Agreement or otherwise posted on the Chewy Pro Site from time to time (collectively, the “Chewy Pro Policies”). Chewy Pro is intended exclusively for business customers and any products you purchase through a Chewy Pro account must be used for business purposes and not for online resale. We may exclude certain products with special characteristics from purchase through Chewy Pro at our discretion (e.g., Chewy Pharmacy).
The Chewy Pro account holder must be the business entity itself (the “Chewy Pro Member”), and each user who enrolls a business entity in Chewy Pro must be authorized to do so on behalf of that entity. By creating a Chewy Pro Member account, you represent that you are acting on behalf of the Chewy Pro Member and have the authority to bind the Chewy Pro Member to this Agreement. You are responsible for maintaining the security of the passwords associated with your Chewy Pro Member account. Nothing herein grants you any rights to any Chewy trademarks, and you may not create a unitary mark or imply any endorsement by, or affiliation with, Chewy without Chewy’s prior written consent in each instance; and Chewy may revoke all such rights at any time upon written notice.
Disclaimer of Warranties
Chewy 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 CHEWY 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, Chewy 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 CHEWY, OUR OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, SUBSIDIARIES, PARENTS, JOINT VENTURES, SUCCESSORS AND ANY OTHER COMPANIES UNDER COMMON CONTROL WITH US, OR ANY INDEPENDENT CONTRACTORS, INCLUDING VETERINARIANS, 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 CHEWY, YOUR USE OF THE WEB SITE, PRODUCTS, OR THIRD PARTY SITES, OR YOUR INTERACTION WITH OR RELIANCE ON ANY ADVICE FROM ANY SUCH PERSON OR ENTITY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE WEB SITE, PRODUCTS AND THIRD PARTY SITES AND ANY INTERACTIONS WITH OR RELIANCE ON ADVICE FROM ANY SUCH PERSON OR ENTITY 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 CHEWY, ANY INTERACTIONS WITH OR RELIANCE ON ADVICE FROM ANY SUCH PERSON OR ENTITY, 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 US DOLLARS ($50) OR (B) AMOUNTS YOU'VE PAID CHEWY IN THE PRIOR 12 MONTHS. WE AGREE THAT ANY CLAIM BETWEEN US MUST BE BROUGHT WITHIN TWO (2) YEARS.
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 Chewy, our officers, employees, agents, affiliates, subsidiaries, parents, joint ventures, successors, independent contractors, including veterinarians, 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 (a) your use of the Site or Products, (b) your User Content, (c) your violation of this Agreement, or (d) your interaction with such independent contractors or reliance on any advice provided by them. Chewy 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 Chewy. Chewy will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
EXCEPT FOR A CLAIM THAT MAY BE BROUGHT IN SMALL CLAIMS COURT, YOU AND CHEWY AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.
Prior to initiating any arbitration, the initiating party will give the other party at least 60-days' advanced written notice of its intent to file for arbitration. Chewy will provide such notice by e-mail to your e-mail address on file with Chewy and you must provide such notice by e-mail to email@example.com. During such 60-day notice period, the parties will endeavor to settle amicably by mutual discussions any Covered Disputes. Failing such amicable settlement and expiration of the notice period, either party may initiate arbitration. The arbitrator will have the power to grant whatever individual relief would be available in court under law or in equity and any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. This provision is a precondition to any arbitration demand.
CHEWY AND YOU AGREE THAT ANY COVERED DISPUTE HEREUNDER WILL BE SUBMITTED TO ARBITRATION ON AN INDIVIDUAL BASIS ONLY. NEITHER CHEWY NOR YOU ARE ENTITLED TO ARBITRATE ANY COVERED DISPUTE AS A CLASS, REPRESENTATIVE OR PRIVATE ATTORNEY ACTION AND THE ARBITRATOR(S) WILL HAVE NO AUTHORITY TO PROCEED ON A CLASS, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL BASIS. If any provision of the agreement to arbitrate in this section is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced (but in no case will there be a class, representative or private attorney general arbitration).
Notwithstanding any provision in these terms to the contrary, we agree that if Chewy makes any future material change to this dispute resolution provision, it will not apply to any individual claim(s) that you had already provided notice to Chewy. In the event that this arbitration agreement does not apply to a given dispute, then the parties agree to the exclusive jurisdiction of the state and federal courts in Broward County, Florida to resolve such claims.
Term and Termination
Subject to this Section, this Agreement will remain in full force and effect while you use the Site. We may (a) suspend your rights to use the Site (as well as your Chewy Account) or (b) terminate this Agreement, at any time for any reason at our sole discretion, including for any use of the Site in violation of this Agreement or if we believe you are younger than 18. Upon termination of this Agreement, your Chewy Account and right to access and use the Site will terminate immediately. You understand that any termination of your Chewy Account may involve deletion of any User Content you may have posted. Chewy will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your Chewy Account or deletion of your User Content.
Respect for Copyright Law
Chewy 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 Chewy'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 web 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. Â§ 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. Â§ 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 Chewy's Copyright Agent by mail or email as set forth below:
Chewy Copyright Agent Attn: Legal 1855 Griffin Road Dania Beach, Florida 33004 firstname.lastname@example.org
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 laws of the State of Florida 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. 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 Chewy'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.