Terms of service

Last updated: 10/31/24

Thank you for visiting PetScy . The following are the terms and conditions (the "Terms") for access to and use of the www.petscy.com Site (the “Site”) and all information presented on the Site (the “Content”), and for making purchases from PetScy, Inc or its affiliates (“we”, “us” or the “Company”).  Any references to "you" or "your" refers to the person or entity using the Site, Content or making a purchase.

By accepting these Terms, you; (a) agree to provide true, accurate, current and complete information in all material respects; and (b) agrees to maintain and update this information to keep it true, accurate, current and complete in all material respects. If any information provided by you is untrue, inaccurate, not current or incomplete in any material respect, the Company has the right to terminate your account and refuse any and all current or future use of the Site and Content.

1. This is a Contract. By using or accessing the Site or Content, or by making a purchase from the Company, you agree to be bound by these Terms, the Privacy Policy, any other policy adopted by and provided in writing on the Site, other terms or conditions included in your purchase order, terms for shipping, delivery, refunds, and other practices, rules, standards and guidelines (collectively, “Policies”) related to the Site and/or the Content, in effect from time to time, all of which are incorporated into these Terms and represent a legally enforceable agreement between you and the Company (collectively, the "Agreement"). We reserve the right to update, change or modify the Terms or the Policies at any time. You represent that you are at least the age of majority in the state or province of your residence. You agree that you or any of your representatives, employees, or any person or entity acting on your behalf with respect to the provision of or use of the Site or the Content, or making a purchase shall be bound by, and shall abide by, these Terms. You further agree that you are bound by these Terms whether you are acting on your own behalf or on behalf of a third party. We reserve the right to update, change or modify the Terms or the Policies at any time. You can view the most current version of the Terms at any time on this webpage: www.petscy.com

2. Use of the Site. The Company hereby grants you a non-exclusive license to use the Site and the Content in accordance with these Terms. You may not modify, translate, or create derivative works based on the Site or the Content, or permit other individuals to do so. All of the Content on our Site is protected by United States and international copyright laws and is the property of the Company. Any reproduction, republication, transmission, dissemination, display or editing of the Content by any means, mechanical or electronic, without the prior written permission of the Company is strictly prohibited. You do not acquire ownership rights of any kind whatsoever by virtue of your downloading the Content from the Site. You agree that you will not remove any copyright, trademark or other notices or legends contained on our Site relating to intellectual property, or otherwise. You also agree that any information, posts, comments, and expressions of any kind that are made on the Site are deemed Content and are the property of the Company.

3. Personal Information. We respect your right to privacy and will only use your non-public personal information in accordance with our Privacy Policy. The Privacy Policy is incorporated into these Terms. Information that you share with us or that is submitted to the Site. Is subject to this policy. We reserve the right to change our Privacy Policy.

4. Content. The Content includes all information presented on the Site including, without limitation, information about the Company, its products and services, prices, testimonials and history. Testimonials shared by other customers reflect their unique experiences and may not reflect the experience that you will have. The Content may include information provided by third parties or may include links to third parties. We have not verified the accuracy, truth, reliability or timeliness of any information found at such other web sites. The fact that we have provided a link to another web site should not be construed as our endorsement of such web site or its contents. You acknowledge that you understand, and you agree to assume, the risks associated with using any information found on the internet. You further acknowledge that such other web sites are not under the Company's control and that the Company makes no representations or warranties whatsoever about any other web sites which you may access through our Site. Accordingly, you agree that the Company will not be held responsible or liable for any damages or losses you may suffer as a result of your use or reliance upon any of the contents, advertising, products, or other materials found on such other web sites. We use our best efforts to ensure that the Content is accurate and current however we do not warrant its accuracy, completeness or that it is error-free. It may include inaccuracies, be incomplete, or include typographical errors or be out of date. We reserve the right to make corrections or modifications to any of the Content at any time.

5. Social Media. We utilize social media platforms such as Facebook, Twitter, YouTube, and others to share information about the Company and its products. These are public information exchanges and you should have no expectation of privacy if interacting with us on these platforms. These Terms and our Privacy Policy do not apply to those interactions. The comments and opinions expressed by users on social media are theirs alone and do not reflect the opinions of the Company. Comments that some would consider inappropriate or offensive may appear on those platforms and may remain there until we or the platform has investigated that content.

6. Customer Reviews and Materials. Any information, ideas, review, testimonials, or other materials shared by you (“Shared Materials”) may be used by us in any lawful manner, provided such use is consistent with our Policies. You (a) represent and warrant to us that you own or have the rights to any Shared Materials and that it is truthful, accurate, and complete, and not misleading in any material respect; (b) grant us a royalty-free worldwide, perpetual, irrevocable, and fully transferrable, assignable and sub licensable right to license, copy, reproduce, modify, adapt, publish, translate create derivative works from, distribute, display, sell, export and otherwise use, in whole or in part, and to incorporate into other works of any form or media.

7. Site. We will use our best efforts to ensure that the Site is available to you at all times however there may be times when the Site is unavailable. We reserve the right discontinue, cancel or delay availability of the Site or portions of it at any time.

8. Payments.  You agree to pay the Company all applicable charges to its account, in United States Dollars, in accordance with the payment policy in effect at the time those charges become due. You agree to not charge back any of the related fees associated with this account, and any charge backs will result in you paying associated charge back fees. You agree that all information you provide for the purpose of payment will be accurate, complete, and current. You expressly authorizes the Company to charge your credit card, charge card, or debit card for any and all applicable account charges. If payment cannot be charged to your credit/charge/debit card, for whatever reason, or if there is a charge-back for any reason, the Company reserves the right to either suspend or terminate your order until the payment is received. If You provide the Company with a credit card, charge card, or debit card that expires during the term of this Agreement, the Company reserves the right to charge any renewal card issued to you as a replacement without any additional You consent. You will be responsible for all reasonable expenses (including reasonable attorneys' fees) incurred by the Company in collecting such amounts plus interest at the rate of the lesser of one and one-half percent (1.5%) per month or the highest rate permissible under applicable law for the actual number of days elapsed. BANK DISPUTES/CHARGEBACKS: PetScy customers are responsible for any fees associated with filing a bank dispute.  PetScy has the discretion to charge the card on file for any fees added to the transaction in association with that bank dispute.  

9. Orders.  Orders will not be processed until payments has been received processed. We may delay the processing of any order is we require additional information about the order or if we believe that information provided by you missing or incomplete. Any order may be cancelled or limited by us at any time for any reason, including lack of availability or difficulty filling the order within a reasonable period of time. We will notify you if any order is cancelled or limited. You will receive a credit for any order, or portion thereof, that is not fulfilled as placed by you. We do not accept orders from dealers, wholesalers, or customers who are resellers.

10. Shipping and Delivery.  Any order that has been approved will be subject to our shipping policies which are in effect at that time. Costs for shipping may be included in the cost of your order or may be in addition to your order. If shipping costs will be added to your order, we will use our best efforts to provide estimated shipping costs to you as courtesy but you will be responsible for the payment of actual shipping charges, regardless of the estimated amount. We may also provide an estimated delivery date but you agree that we are not responsible for any loss, damage, cost or expense related to any delay in delivery. Shipping to Canada will occur an additional $4.99 processing and handling and you will be responsible for duties and taxes. We are also not responsible for the risk of loss once the product has been delivered by us to a third party delivery carrier. We reserve the right to reject any order that is being shipped to a destination outside of our common delivery area.  For further information, please refer to our Shipping and Return Policy.

11. Returns. Our products may be returned within 90 days from the date of delivery for a refund.  Returned products must be returned in accordance with our shipping policies in effect at the time of return.  If you are uncertain about your right to return the product, you may contact a customer care professional at support@petscy.com or 877-738-7298. For further information, please refer to our Shipping and Return Policy. PetScy offers a 90-day money back Guarantee. CUSTOMER MUST RETURN ITEMS TO QUALIFY FOR A REFUND.  Please review up to date REFUND POLICY found on the homepage of Petscy.com

12. Automatic Replenishment and Cancellation. You may have the option of purchasing a product or group of products through an automatic replenish plan. Under this plan, we will ship you additional quantities of the product on a frequency chosen by you. Your credit card payment details and authorization will kept on file with us and your credit card will be charged each time a product is shipped to you. You may cancel the automatic replenishment plan by cancelling the order before it is shipped. You can cancel the automatic replenishment authorization by contacting us at support@petscy.com. Until such time as you timely cancel your automatic replenishment authorization, you agree that we may continue attempting to process your payment as well as contact you on any phone number (including a cell phone number) or e-mail address provided by you for alternate payment information. If you fail to pay for any product or service received, your account may be sent for collection. In the event we start collection processes of any type, you will be liable for all collection costs, including legal fees and expenses, as provided in these Terms.

13. DMCA Notice. We respect the intellectual property rights of others. Anyone who believes their work has been reproduced in a way that constitutes copyright infringement may notify our agent listed below:

PetScy, Inc
If sent by US mail: 3905 Tampa Rd #2685 Oldsmar, Fl 34677
If sent by email: support@petscy.com
Telephone: 877-738-7298

Any DMCA notice to us must include the following information: (i) identification of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at the site; (ii) identification of the material that you claim is infringing and needs to be removed, including a description of where it is located so that the agent can locate it; (iii) your contact information, including your address, telephone number and e-mail address; (iv) a signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agents, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf in this situation. The investigation of a complaint will be delayed if you fail to include all of the above-listed information.

We will investigate your complaints and if we believe that the posted material violates any applicable law, we will remove or disable access to any such material. Please be aware that there are substantial penalties for false claims. This information should not be construed as legal advice. We recommend you seek independent legal counsel before filing a notification or counter-notification. For further information about the DMCA, please visit the Site of the United States Copyright Office at: http://www.copyright.gov.

14. Not Medical Advice. We care about your pet. But you understand that our products have not been reviewed, evaluated or approved by any government agent or licensed professional. In view of the foregoing, you acknowledge and agree that you will make your own independent verification of any information on the Site and will evaluate the product’s merits and suitability for your pet. The products that are offered for sale by us are not intended to diagnose, treat, cure or prevent any illness, health problem or disease. The Content provided on the site should not be construed as medical advice or guidance. You agree that if your pet suffers any undesired effect from the use of our products that you will immediately cease using that product.

15. DISCLAIMER OF WARRANTIES. THE CONTENT ON THE SITE AND THE PRODUCTS OFFERED FOR SALE BY THE COMPANY ARE OFFERED ON AN “AS IS” BASIS  AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY, OR IMPLIED WARRANTIES ARISING FROM COURSE OF PERFORMANCE OR COURSE OF CONDUCT AND WE DISCLAIM ANY WARRANTY REGARDING THE AVAILABILITY OF PRODUCTS, ACCURACY OR CONTENT OF THE SITE, AND/ OR INFORMATION, PRODUCTS OR SERVICES AVAILABLE THROUGH THE SITE AND/OR THE CONTENT, SOME STATES DO NOT ALLOW OR MAY LIMIT EXCLUSION OF AN IMPLIED WARRANTY, IN WHICH CASE, THE FOREGOING ARE WARRANTED ONLY TO THE MINIMUM AMOUNT OR DEGREE LEGALLY REQUIRED OR PERMITTED.  YOU HEREBY EXPRESSLY AGREE THAT ACCESS TO OUR SITE OR USE OF PRODUCTS IS AT YOUR OWN RISK, MAY NOT BE ACCESSIBLE TO ANY PERSON NOT FULLY ABLED, AND THAT YOU ASSUME THE RISK OF HAVING TO INCUR COSTS FOR SERVICING, REPAIR, REPLACEMENT OR CORRECTIONS THAT MAY BE NECESSARY FOR YOUR COMPUTER OR SOFTWARE AS A RESULT OF ANY VIRUSES, ERRORS OR OTHER PROBLEMS OF ANY KIND THAT YOU MAY HAVE EXPERIENCED ATTRIBUTABLE TO YOUR ACCESSING OUR SITE.

16. LIMITATION OF LIABLITY.  EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, IN NO CASE SHALL THE COMPANY, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS, OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OR ATTEMPTED USE OF ANY PART OF THE SITE OR ANY PRODUCTS PROCURED ON OR THROUGH THE SITE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OR ATTEMPTED USE OF THE SITE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, EVEN IF ADVISED OF THEIR POSSIBILITY. IF, NOTWITHSTANDING THE LIMITATION OF LIABILITY SET FORTH ABOVE, THE COMPANY IS FOUND LIABLE UNDER ANY THEORY, THE COMPANY’S LIABILITY AND YOUR EXCLUSIVE REMEDY WILL BE LIMITED TO THE LESSER OF (I) USD $500.00, OR (II) THE TOTAL AMOUNT OF MONEY YOU PAID TO THE COMPANY IN THE ONE (1) MONTH PERIOD IMMEDIATELY PRECEDING THE INCIDENT ON WHICH YOUR ALLEGED CLAIM IS BASED. THIS LIMITATION OF LIABILITY SHALL APPLY FOR ALL CLAIMS, REGARDLESS OF WHETHER THE COMPANY WAS AWARE OF OR ADVISED IN ADVANCE OF THE POSSIBILITY OF DAMAGES OR SUCH CLAIMS. SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS. NOTWITHSTANDING ANYTHING IN THESE TERMS TO THE CONTRARY.

17. Indemnification. You hereby agree to defend, indemnify and hold the Company, our affiliates, and their directors, managers, officers, members, shareholders, owners, employees, contractors and agents harmless from and against any and all actions, claims, proceedings, penalties, losses, liabilities, damages, costs and expenses including, without limitation, reasonable legal fees, and professional and expert fees and costs, arising directly or indirectly from or related to (i) your breach of any of the terms and conditions of this Agreement; (ii) your access to and/or use of our Site or its Content; (iii) your purchase and use of our products; and (iv) your access to the Site and/or use of the Content in violation of any applicable law, rule or registration.

18. ARBITRATION

BINDING ARBITRATION OF ALL DISPUTES

We believe that arbitration is a faster, more convenient, and less expensive way to resolve any disputes or disagreements that you may have with us. Therefore, pursuant to these Terms of Service, if you have any dispute or disagreement with us regarding or relating to (i) your use of or interaction with the Services; (ii) any purchases or other transactions or relationships with the Company; (iii) any data or information you may provide to the Company or that the Company may gather in connection with such use, interaction, or transaction; or (iv) any other unresolved claim or controversy (collectively, “the Company Transactions or Relationships”), you will not have the right to pursue a claim in court, or have a jury decide the claim and you will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration. By using or interacting with the Services or engaging in any other the Company Transactions or Relationships with us, you agree to binding arbitration as provided below. Our rights and obligations under this arbitration provision shall inure to the benefit of each of the Company’s parent company(ies) and/or owners regardless of whether any of them are named as a co-defendant with us or named individually in a claim that would otherwise be subject to this arbitration provision if brought against us.

We will make every reasonable effort to first informally resolve any complaints, disputes, or disagreements that you may have with us. If those efforts fail, by using our Services, you agree that any complaint, dispute, disagreement, claim, or controversy you may have against the Company, and any claim that the Company may have against you, arising out of, relating to, or connected in any way with these Terms of Service, our Privacy Policy, or any the Company Transactions or Relationships shall be resolved exclusively by final and binding arbitration (“Arbitration”) administered by the American Arbitration Association or its successor (the “AAA”) and conducted in accordance with the AAA Commercial Arbitration Rules in effect at that time (the “Applicable Rules”). The most recent version of the AAA rules is available at www.adr.org and are hereby incorporated by reference. You hereby consent to the Mass Arbitration Supplementary Rules where applicable, and, where applicable, the Mass Arbitration Supplementary Rules shall be included in the defined term “Applicable Rules.” You either acknowledge and agree that you have read and understand the Applicable Rules or waive your opportunity to read the Applicable Rules and waive any claim that the Applicable Rules are unfair or should not apply for any reason.

To promote efficient handling of Arbitration claims, if twenty-five (25) or more substantially similar claims are filed against the Company within reasonably close temporal proximity, by or with the help of an entity or coordinated group of entities, whether or not such claims are filed simultaneously, the AAA will promptly take steps to administer the claims in batches of twenty-five (25) (plus a final batch consisting of any remaining claims). Each batch will be considered as a single consolidated arbitration and be appointed one arbitrator and with one set of filing and administrative fees per side, one procedural calendar, one hearing (if any), and one final award. The Arbitrator will take other steps as necessary for a speedy and efficient resolution of the claims. Claims are of a “substantially similar nature” if they arise out of or relate to the same event or facts, raise similar legal issues and/or causes of action, and seek similar relief. If we disagree on whether this batch arbitration process applies, the AAA will appoint an arbitrator to decide that issue, whose fees will be paid equally between you and the Company, and who may prescribe procedures needed to resolve the disagreement. This batch arbitration process does not authorize a class, collective, consolidated, joint, or mass arbitration or action other than as may be set forth in this Section 18.

You further agree that:

1. the Arbitration shall be conducted before a single arbitrator selected in accordance with the Applicable Rules or by mutual agreement between you and the Company (the “Arbitrator”);

2. the Arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute arising under or relating to the validity, interpretation, applicability, enforceability, or formation of these Terms of Service and/or these arbitration provisions hereof, including but not limited to any claim that all or any part of these Terms of Service is void or voidable; 

3. Arbitration proceedings will be held in Hillsborough County, Florida, or if your claim does not exceed $10,000 then the Arbitration will be conducted solely on the basis of the documents you and the Company submit to the Arbitrator, unless you request a hearing or the Arbitrator determines that a hearing is necessary;

4. we will reimburse the fees charged by the Arbitrator for claims totaling less than $10,000 unless the Arbitrator determines the claims are frivolous. Likewise, we will not seek attorneys’ fees and costs in Arbitration unless the Arbitrator determines the claims are frivolous. In all other respects, the parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses;

5. the Arbitrator (i) shall apply internal laws of the State of Florida consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent (if any) that federal law prevails, shall apply the law of the United States, irrespective of any conflict of law principles; (ii) shall entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with Florida or federal rules of procedure, as applicable; (iii) shall honor claims of privilege recognized at law; and (iv) shall have authority to award any form of legal or equitable relief;

6. the Arbitrator shall issue a written award supported by a statement of decision setting forth the Arbitrator’s complete determination of the dispute and the factual findings and legal conclusions relevant to it (an “Award”). Judgment upon the Award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets;

7. if any part of this Section 18 is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Applicable Rules, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein; 

8. failure to act or any delay in enforcing this Section 18 in connection with any particular claim will not constitute a waiver of any rights to require Arbitration at a later time or in connection with any other claims except all claims must be brought within the one (1) year limitation period set forth above. This provision is the entire arbitration agreement between you and the Company and shall not be modified except in writing by the Company.

9. the Company may modify any or all portions of this Section 18, but such modifications shall only become effective thirty (30) days after the Company has given notice of such modifications and only on a prospective basis for claims arising from the Company Transactions and Relationships occurring after the effective date of such notification; and

10. nothing herein shall prevent any party from seeking provisional remedies in aid of Arbitration from a court of appropriate jurisdiction. 

Exceptions. Notwithstanding the foregoing, and as an exception to final and binding confidential Arbitration, you and the Company both retain the right to pursue, in small claims court, any claim that is within that court’s jurisdiction and proceeds on an individual (nonclass) basis, including overdue account matters within the small claims court’s jurisdiction. The Company will not demand Arbitration in connection with any individual claim that you properly file and pursue in a small claims court, so long as the claim is and remains pending in that court. The following claims shall not be subject to final and binding Arbitration and must be adjudicated only in the state or federal courts located in  Hillsborough County, Florida: (i) any dispute, controversy, or claim relating to the infringement or validity of our proprietary rights, including without limitation, trademarks, service marks, trade dress, copyrights, trade secrets, or patents, or the intellectual property rights of a third-party; or (ii) an action by the Company for temporary, preliminary, or permanent injunctive relief, whether prohibitive or mandatory, or other provisional relief, against you for breach or threatened breach of this Agreement. You expressly agree to refrain from bringing or joining any claims that are excluded from final and binding Arbitration pursuant to this subsection in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class-wide arbitration. Small claims matters may be filed in any small claims court with personal and subject matter jurisdiction over the parties. 

WAIVER. YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN THIRTY (30) DAYS FROM THE DATE THAT YOU PURCHASE, USE, OR ATTEMPT TO USE A SERVICE OR PRODUCT PURCHASED ON OR THROUGH THE SITE (WHICHEVER COMES FIRST) BY WRITING TO US AT SUPPORT@PETSCY.COM. FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE IDENTIFYING ANY PRODUCT OR SERVICE YOU PURCHASED, USED OR ATTEMPTED TO USE WITHIN THE 30 DAYS AND THE DATE YOU FIRST PURCHASED, USED, OR ATTEMPTED TO USE THE PRODUCT OR SERVICE. IF MORE THAN THIRTY (30) DAYS HAVE PASSED, YOU ARE NOT ELIGIBLE TO OPT OUT OF THIS PROVISION AND YOU MUST PURSUE YOUR CLAIM THROUGH BINDING ARBITRATION AS SET FORTH IN THIS AGREEMENT.

19. Miscellaneous.