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PupBox Privacy Policy

Last updated: June 25, 2021


Introduction

This Privacy Policy describes the types of information PupBox and any of its divisions or affiliates (collectively, “PupBox”, “we” or “us”) collect from and about you when you visit or use PupBox.com (the “Site”), when you purchase a PupBox subscription (together with the Site, the “Services”), and/or when you contact or interact with us.  This Privacy Policy also explains how we may use and share your personal information, as well as the choices available to you.  PupBox is a member of the Petco Animal Supplies Stores, inc. (“Petco”) family of businesses.  By using or accessing the Services, you agree that you have read and understood the collection, storage, use and disclosure of your personal information as described in this Privacy Policy, and you agree to our Terms of Service below.  If you do not agree, please do not access or use the Services.  

For ease of reference, you may click on any of the following links to directly access one of the sections addressed below:

  1. INFORMATION WE COLLECT
  2. HOW WE USE YOUR INFORMATION
  3. INFORMATION WE SHARE
  4. YOUR CHOICES
  5. YOUR CALIFORNIA PRIVACY RIGHTS
  6. NEVADA RESIDENTS
  7. HOW TO CORRECT OR UPDATE YOUR PERSONAL INFORMATION
  8. DATA SECURITY
  9. TRANSFER OF DATA FROM OUTSIDE THE UNITED STATES
  10. CHILDREN
  11. EXTERNAL CONTENT, LINKS, AND PLUG-INS
  12. PUBLIC FORUMS
  13. CHANGES TO THIS PRIVACY POLICY
  14. CONTACT US

  1. INFORMATION WE COLLECT

Information You Provide to Us

We collect your personal information when you provide it to us, such as by purchasing a PupBox subscription from us; using or registering for our Services; leaving reviews, ratings, or comments about our products or posts; or when you contact or communicate with us.  The personal information we collect directly from you may include your name, online usernames or account identifiers, postal address, shipping address, zip code, email address, payment information, telephone number, and information about your orders, purchases, shipments, and subscription status.  We also collect certain categories of personal information from you in connection with specific interactions you have with us.  For example:

  • When you make a purchase, use the Services, create an account, or rate/review our products.  If you purchase a PupBox subscription, we collect your name, email address, postal address, shipping address, zip code, telephone number, and applicable payment information that you provide to facilitate the transaction, or that we need to fulfill your purchase.  We also collect information about your orders, purchases, shipments, and subscription status in order to provide you the Services.  If you choose to create an account on our Site, rate/review/comment on products we offer, or comment on our blog posts, we will collect information such as your name, online usernames or other account identifiers, email address, postal address, shipping address, zip code, telephone number, payment information, and information about your orders, purchases, shipments, and subscription status.  We may collect information from your government identification in the event you would like to return or exchange a purchase made with us, in order to prevent fraudulent activity.  In addition, we collect information that you enter into our Site about your pet, such as your pet’s name, date of birth, gender, size, breed, photo, medical information, and other health-related information for your pet.  
  • When you interact with us online, over social media, or in public.  If you interact with us online, or on social media platforms such as Facebook, Twitter, Instagram, or YouTube, we may collect your name, online usernames or other account identifiers, email address, and/or any media (such as photos) that you choose to share with us on those platforms.  Our customer satisfaction surveys or product review tools may enable you to review our products online or using your mobile device.  If you opt to participate in such features, we will collect your review in the format you submit it to us, as well as personal information such as your email address that correlates with your review.  From time to time, we may facilitate online or publicly posted petitions, or engage in similar advocacy activities, intended to influence government officials, news publications, or other advocacy targets on topics that may be important to our customers.  If you choose to sign such an online petition or similar advocacy form, we will collect the personal information you provide at that time, such as your name, email address, postal address, telephone number, and overall information about your participation in the petition.  
  • When you contact us.  If you contact us via email, through a web form on the Site, via social media, on a recorded customer service telephone number, or if you choose to participate in a survey, contest, or promotion with us or our service providers, we may collect your email address, online usernames or other identifiers, telephone number, location, a recording of your call, and other personal information you provide to us.  

Automatically Collected Information

Like many businesses, we and our service providers collect certain information about you through automated means when we interact with you.  

  • Automated data collection technologies we use.  We and our service providers may use common technologies such as cookies, web or hardware beacons, pixel tags, log files, social media widgets, session replay software, or other tools that automatically collect and store data about your use of the Site and our online interactions with you.  Other technologies used by PupBox include clear GIFs and IP address logging.  Clear GIFs are also known as web bugs, beacons or tags, are small graphic images placed on a web page, web-based document, or in an email. Clear GIFs are invisible to the user because they are typically very small (only 1-by-1 pixel) and the same color as the background of the web page, document or email. We may use clear GIFs to capture statistical usage information for our web pages, features or other elements on a web page.  We may correlate this information to a user to personalize user experience and for statistical analysis of user experiences on our web pages.
  • Information these technologies automatically collect.  These types of technologies collect, for example, your browser type and settings; device attributes such as type and model; operating system; software and hardware information; IP address; mobile device identifiers; unique device and online identifiers; geolocation, GPS location, or other location information as described more fully below; Internet Service Provider or mobile carrier; entry/exit URL; language settings; and time zone.  We also automatically collect information about your use of the Site, including the date and time you visit; the areas or pages that you visit; the amount of time you spend viewing or using the Site; the number of times you return to the Site; clickstream or usage data from our Site and advertisements; other sites or mobile applications that you may visit; and your interactions with promotional or transactional emails, advertisements, and texts from us or our service providers.  
  • Location information.  If you are accessing the Site, we may detect your general location so that we can automatically help you find Services in your general area.  Depending on browser type and configuration, your browser may inform you that the Site would like to collect your specific location and request your permission to do so.  If you do not allow it, or your browser does not permit it, only your general location information is then collected and may be stored locally on your device.  If you access the Services on your mobile device, we may, depending on your application and operating system settings, directly collect precise geographic location information and sensor data via GPS, cellular network information, and other location-based features. Depending on your mobile device's operating system, we may receive the latitude and longitude of your mobile device, as well as date and time.  You can turn off direct location collection through your device settings. 
  • Information you integrate from other online platforms.  When using the Site, you may be given the option to sign into or connect to your social networking or other online accounts, such as Facebook, Twitter, your email provider, your mobile device provider, or similar online platforms you participate in.  If you choose to integrate your use of our Services with any such external platforms, we and those platforms may automatically collect, receive, and use personal information about you based on your registration and settings with those services.  Such information may include your name, usernames or similar unique identifiers, postal address, email address, pet information, photographs you send us, location, and social media or account profile information.  Some online platforms may combine information they collect from your interaction with the Services, with information they collect from other sources.  Please see below under “External Content, Links, and Plug-Ins” for more information.  It is your choice whether to sign into or connect your other online accounts with your use of our Services.  Your use of any external platforms is subject to those parties’ privacy policies.  

Information Collected from Other Sources

We also acquire personal information from other sources who have the right to provide such information to us.  For example, we may acquire address information from these sources to validate or update your postal address or to prevent fraud; demographic and lifestyle information to help us analyze our business’ performance or improve the Services; and information about your online and offline transactions and purchases to help us analyze or improve the Services.  We receive personal information, such as your name and email address, from our business partners when you participate in joint marketing promotions, events, transactions, or similar interactions with third parties with whom we share a joint venture or similar business relationship.  The categories of sources that provide us personal information include consumers themselves; data analytics providers; advertising networks; social networks; data brokers; operating systems and platforms; co-branded ventures; and our affiliated and related entities.  We use collected information consistent with this Privacy Policy and for the purposes described below.

  1. HOW WE USE YOUR INFORMATION

We may collect, use, retain, share, and store personal information collected from or about you for any of the following purposes:  

  • To provide and improve the Services.  We use your personal information – such as your address and transaction details – to fulfill, validate, manage, deliver, and/or track your orders and transactions; process payments; process and verify returns and refunds; and to provide and improve our customer service.  We also may use personal information to analyze and improve the performance, usage and operations of our Services using internal or external software and tools; to better understand who is using the Services and how; and to develop new products or services.  
  • To communicate with you.  For example, we use your personal information – such as your email address, telephone number, online usernames, and other contact information – to respond to your inquiries; to provide you with information about your account, purchases, transactions, the Services, and your subscription; to conduct surveys, sweepstakes, contests, focus groups, or promotions; to engage with you over Site features such as product ratings/reviews/comments; to provide you offers by email or across other websites, mobile applications, social media, and online services as appropriate; and to otherwise communicate with you as needed or permitted to run our business.  
  • To provide you personalized advertising, marketing, advocacy options, and other information we think may be of interest to you.  For example, we use your personal information – such as your IP address and device identifiers – to help us or our service providers deliver interest-based advertising and content that is tailored to your individual interests.  This includes advertising networks and our data analytics service providers who facilitate customized advertising and marketing services. We, or our service providers, partners, or affiliates, may provide this content via email or across other websites, mobile applications, social media, or online services, as appropriate.  We also may use your online identifiers to enhance and personalize your online and in-store shopping experiences with our affiliated retail businesses, and to recognize or welcome you to the Site.  If you choose to participate in a publicly posted or online petition (or similar advocacy activities), we may use your personal information for petitioning, advocating to, or influencing government officials, news publications, legislators, and other advocacy targets, as well as marketing to and contacting you regarding similar subjects we think may be of interest to you.  Please visit “Your Choices” below for further information on how to opt out of certain interest-based advertising, including information about Do-Not-Track options and how to disable cookies.  
  • To perform business reporting, analysis, and research.  For example, we use information about your transaction history with us, your general location, and information about your use of the Services to engage in reporting, analytics, and research that helps us operate or improve our business.  This includes metrics measuring the performance of our marketing efforts and advertisements that you may see or receive.  We and our service providers also may combine, supplement, and update the personal information we collect from and about you, with information collected offline, across other computers or devices that you may use, and from external sources.  We also use your information to better understand who is using the Services; to develop new products or services; and to help us analyze and improve the performance, usage and operations of our Services overall.  We use external software providers and tools to help us perform these analytics.  
  • To prevent fraud, comply with applicable law, protect our business, and other purposes.  For example, we may use your name, contact information, and other personal information to protect the security or integrity of the Services and our business; to prevent fraudulent activity; to assist law enforcement; and/or to comply with our legal or regulatory obligations.  We may also use and share aggregated or de-identified personal information for any purpose.

  1. INFORMATION WE SHARE

We do not sell personal information.  We may share or disclose the personal information we collect from or about you when (i) we notify you or obtain your consent; (ii) when our service providers need such information in order to provide a business service to us; or (iii) or in any of the following situations:

  • Affiliates:  We share your personal information with PupBox affiliates, business units, parents, and/or subsidiaries for business, operational, promotional, marketing, or other purposes consistent with this Privacy Policy.
  • Service providers:  We share your personal information with service providers we use to provide business, professional, or technical support functions for us; that help us operate our business; and that perform other activities in support of the Services or our business.  For example, we share your personal information with service providers who assist us with shipping your order; processing and responding to your inquiries; advertising and marketing the Services; or processing your payments.  This includes advertising networks and data analytics service providers we use for marketing and advertising the Services.  Our service providers are authorized to use your personal information only as instructed by us and for the business services they are providing to us.  
  • Third parties:  We may also provide personal information to business partners or other third parties with whom we may jointly offer products or services.  In such cases, the business partner or third party’s name will appear with ours or one of our brands, and the third party’s use of your personal information will be governed by their privacy policies.    For example, if you participate in a publicly posted or online petition we are involved with, we may share the personal information you provide at the time of your participation with advocacy targets, such as government officials, news publications, legislators, and others, to market to you or contact you regarding subjects we think may be of interest to you.  We may also share aggregated or de-identified information with third parties without restriction.
  • Co-branded relationships:  Certain areas of our Services may be provided to you in association with third parties, such as advertisers or financial institutions that provide or facilitate our Services, the Program, or related offerings. We may share personal information with these third parties if you participate in a co-branded, co-sponsored, or jointly presented promotion, contest, survey, voting feature, or service.  By participating in these co-branded Services, your personal information may be shared with these third parties in accordance with their privacy policies.
  • Surveys, sweepstakes, contests, focus groups, and promotions:  If you choose to enter into or participate in one of our surveys, sweepstakes, contests, focus groups, or other promotions, we may disclose your personal information to third parties or the public in connection with the administration of these items, as required by law, as permitted by the official rules, or otherwise in accordance with this Privacy Policy.
  • Sales or transfers of businesses or assets:  We may sell or purchase assets during the normal course of our business. If another entity acquires PupBox and/or of any of our affiliates, personal information we have collected about you may be transferred to such entity. In addition, if any bankruptcy or reorganization proceeding is brought by or against us, such information may be considered an asset of ours and may be sold or transferred to third parties.  
  • Legal matters; compliance with the law:  We may disclose personal information collected from or about you to the government, insurance providers, or to other third parties to comply with applicable law; regulations; governmental and quasi-governmental requests and investigations; court orders; subpoenas or other legal process; or to defend ourselves in legal matters.  We may share your personal information with fraud prevention service providers in connection with suspected illegal activity associated with the Site or our business; to protect against harm to the Services, to us, or to others; to detect security incidents; or to defend ourselves in legal matters.  

  1. YOUR CHOICES

Cookies, Personalized Advertising and Do-Not-Track Settings

Certain parts of our Site use cookies and other tracking mechanisms.  We use cookies and other technologies to deliver more relevant advertising, link data collected across other devices that you may use, collect demographic information, personalize your experience on our site and monitor advertisements and other activities. Cookies are small files downloaded to your computer to track movements within websites. We may link cookie information to personal information. Cookies link to information regarding what items you have selected for purchase at our store or pages you have viewed. This information is used to keep track of your shopping cart and make sure you do not see the same ad repeatedly. We also use cookies to deliver content specific to your interest and to monitor website usage. Our Site may use an outside ad company to display ads, which may contain cookies. Our third party and service provider partners may collect cookies received with banner ads, and PupBox does not have access to this information. Most browsers are automatically set to accept cookies whenever you visit a website.  You are free to set your browser or operating system settings to limit certain tracking or to decline cookies, but by doing so, you may not be able to use certain features on the Site or take full advantage of all of our offerings.  

To learn more about the use of cookies and other technologies used to deliver more relevant advertising, and to know your choices with respect to collection and use of the data by these external tools and participating companies, please visit the Digital Advertising Alliance’s opt-out pages at https://youradchoices.com and https://optout.aboutads.info/.  You can also download the free AppChoices app from the Digital Advertising Alliance to control how much information about your interests is used for in-app advertising on your mobile device by participating companies.  For more information, please visit https://youradchoices.com/control. On your mobile device, you may also adjust your privacy and advertising settings to control whether you want to receive more relevant advertising.  You can also refer to your browser’s or operating system’s website or “Help” section for more information on how to delete and/or disable cookies, and options for controlling your tracking preferences.  You must separately opt out in each browser on each device.  Please note, if you choose to opt out of personalized advertising, you will still continue to receive generic advertising.  We  may not respond to Do-Not-Track requests or headers from some or all browsers.  

Changing Your Preferences 

  • Email Promotional Offers. If you do not want to receive emails from us regarding special promotions or offers, you may (i) click the unsubscribe link in the footer of any of our promotional emails; or (ii) contact us using one of the methods in the “Contact Us” section below.    
  • Third-Party Analytics.  Our Site may use services operated by third parties, such as Google Analytics, which use cookies and similar technologies to collect and analyze information to understand the use of our Site and report on activities and trends.  This service may also collect information regarding your use of other websites, applications, and online resources.  You can learn about Googles practices at https://policies.google.com/technologies/partner-sites, and remove Google Analytics from your browser by installing the Google Analytics browser add-on available at https://tools.google.com/dlpage/gaoptout.

Your instructions to limit the use of your information for these purposes will be processed as soon as reasonably practicable.  

  1. YOUR CALIFORNIA PRIVACY RIGHTS

The California Consumer Privacy Act

If you are a California resident, you may exercise certain rights under the California Consumer Privacy Act (“CCPA”) related to your personal information. The CCPA defines personal information as any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.  

Categories of Personal Information Collected and Disclosed

The personal information we collect, and sources for that information, are described above under “Information We Collect.”  It includes the following categories:

  • Personal identifiers, such as name, contact information, email address, IP address, gender, device identifiers, information from your government identification if provided to process a return or exchange, photos you send us through social media, and other unique or online identifiers;
  • Customer records, such as payment information and other financial account information you provide us to pay for a purchase;
  • Usage data, such as internet and electronic activity information regarding your interactions with our Site and advertisements;
  • Geolocation data as described above;
  • Audio, video, and electronic data such as call recordings created when you call our customer service telephone numbers;
  • Commercial and transactional information, such as products and services purchased;  purchasing history/tendencies; and
  • Profiles and inferences drawn from the information above.

We do not sell personal information.  We may disclose or make available certain categories of personal information to others in order to improve and measure our advertising campaigns; to receive certain benefits or services; and to reach users with more relevant ads and content through third-party tags on our Site.  We do this in order to achieve the business purposes described above in the sections titled, “How We Use Your Information” and “Information We Share.”  We disclose these categories of personal information to the following types of recipients in order to fulfill our business purposes:

  • Personal identifiers:  Affiliates; financial service providers; marketing providers; data analytics providers; IT, cloud, information security and similar providers; and legal/risk service providers.  
  • Customer records:  Affiliates; financial service providers; marketing providers; IT, cloud, information security and similar providers; and legal/risk service providers.
  • Usage data:  Affiliates; marketing partners; data analytics providers; IT, cloud, information security and similar service providers.
  • Geolocation data:  Affiliates; marketing partners; data analytics providers; IT, cloud, information security and similar service providers.
  • Audio, video, and electronic data:  Affiliates; IT, cloud, information security and similar service providers; and legal/risk service providers.
  • Commercial and transactional information:  Affiliates; financial service providers; marketing providers; data analytics providers; IT, cloud, information security and similar service providers; and legal/risk partners.
  • Profiles and inferences:  Affiliates; financial service providers; marketing providers; IT, cloud, information security and similar service providers; and legal/risk partners.

We retain personal information as necessary to provide the Services to you, and for reasons such as dispute resolution, compliance with laws, fraud prevention, troubleshooting, and enforcement of our Terms of Use and other agreements.

Submit a CCPA Rights Request

If you are a California resident, the CCPA gives you the right to request that we disclose the personal information we have collected about you, the categories of sources from which your personal information was collected, our purpose for collection, and the categories of personal information we disclose and to whom.  California residents also have the right to request that we delete their personal information, subject to certain exceptions.  You may make CCPA requests or exercise these rights at no charge up to twice every 12 months.

If you are a California resident and wish to exercise your rights under the CCPA, you may submit a request via our web form, by calling at (866) 683-1102, or by email at [email protected].

In order to protect our customers’ personal information, and as required under the CCPA, we will verify your identity by matching the information provided by you with the information we have in our records.  In some cases, we may request additional information in order to verify your request, or where necessary to process your request.  If we are unable to adequately verify a request, we will notify the requester.  You may submit a request on your own behalf, or you may designate an authorized agent to make a request on your behalf.  Authorized agents may be required to provide proof of their authorization, and we may also require that the relevant individual directly verify their identity and the authority of the authorized agent.  

The CCPA grants California residents the right not to receive discriminatory treatment for exercising their privacy rights. We respect your privacy rights and we do not discriminate against individuals for exercising their rights.  We may offer social media influencers or other customers who are California residents special promotions or financial incentives in exchange for the collection of certain personal information, including but not limited to social media posts, testimonials, referrals, or pictures.  Participants may provide us with personal information, such as name, email address, and online username to participate in these promotions.  There is no obligation to participate in these promotions and participants may opt out of these promotions at any time.    


2020 CCPA Requests - Reporting Metrics

This section of our Privacy Policy was added in June 2021, pursuant to California Code of Regulations, 11 CCR § 999.317(g); no other changes were made to the Policy at that time. As described above, PupBox is a member of the Petco family of businesses. The metrics below include data for the entire Petco family of businesses. Between January 1, 2020 and December 31, 2020, we received 399 requests under the CCPA from both California and non-California residents:

Type of Request Number of Requests Received Number of Requests Complied with in Full or Part Number of Requests Denied
Requests to Know/Access 57 8 49
Requests to Delete 342 71 271
Requests to Opt-Out of Sale N/A N/A N/A

The mean number of days for processing requests to know/access, and requests to delete, are 6.28 and 5.27, respectively. As disclosed herein, because we do not sell personal information, we do not receive or maintain statistics regarding requests to opt-out of sales.


California’s ‘Shine the Light’ Law

Under California’s “Shine the Light” law, a California resident with whom we have an established relationship has the right to request information about our disclosure of personal information to affiliated companies or third parties for their direct marketing purposes, within the immediately preceding calendar year, subject to certain exceptions.  To exercise this right, please contact us by writing to us at PupBox, c/o Petco Animal Supplies Stores, Inc., 10850 Via Frontera, San Diego, CA 92127, Attn: Privacy Team: Shine the Light.  

  1. NEVADA RESIDENTS

Nevada residents have the right to request that we do not sell certain personal information to select third parties for monetary consideration, even if their personal information is not currently being sold.  If you are a Nevada resident and wish to exercise this right, please email [email protected].

  1. HOW TO CORRECT OR UPDATE YOUR PERSONAL INFORMATION

You may correct or update certain personal information that we collect from you by editing your information and preferences on the "My Account" page of our Site, or using one of the methods listed in the “Contact Us” section below.  

  1. DATA SECURITY

We value your privacy and the security of your personal information.  We have taken certain physical, administrative, and technical steps designed to safeguard the personal information we collect from and about our customers.  However, please be aware that despite these measures, no e-commerce platform, website, application, or system is 100% secure.  You should take reasonable steps to protect your personal information against unauthorized access to your password, phone, and computer by, for example, signing off after using a shared computer; choosing a unique password for each account that nobody else knows or can easily guess; and keeping your log-in and password private. We are not responsible for any lost, stolen, or compromised passwords or for any activity on your account via unauthorized password activity.

  1. TRANSFER OF DATA FROM OUTSIDE THE UNITED STATES

PupBox is located in the United States, and therefore collects, processes, and stores your information in the United States.  If you use any of our Services from outside of the United States, personal information that we collect from or about you will be transferred to and stored on servers inside the United States.  Your use of the Services or provision of information to us constitutes your consent to the collection, transfer, use, processing, sharing, and storage of your information in the United States.  

  1. CHILDREN

PupBox’s Services are directed at a general audience and are not targeted to children.  We do not knowingly collect personal information from children.  If we learn that we have collected personal information from an individual under age 13, we will use reasonable efforts to promptly remove such information.  If you believe that we may have information from a child, please contact [email protected].  We do not knowingly sell or otherwise disclose the personal information of minors under the age of 16. 

  1. EXTERNAL CONTENT, LINKS, AND PLUG-INS

The Site may have links to external websites or applications, which may have privacy policies that differ from our own.  We are not responsible for the practices of such third parties.  The Site may also offer you the ability to interact with social plug-ins from external social media sites, which may allow us and/or the social media site to receive personal information from or about you.  In some cases, we may know that you clicked on a social media plug-in, such as a Facebook “Like” or Twitter “Follow” button, or receive other information from the social media sites. Similarly, if you have previously provided personal information to an external party operating a plug-in on the Site, then such external party may recognize you on our platform. Your use of social network plug-ins is subject to each social media site’s privacy policy, which may be different from ours, so please read these policies carefully to understand their policies and your options. As with linked sites, we have no control over the information that is collected, stored, or used by social network plug-ins, and are not responsible for the practices of such sites.

  1. PUBLIC FORUMS

Any personal information you choose to disclose on public blogs, discussion or message boards, in chat rooms, interactive forums, product rating or reviews sites, on other external websites that we may link to, or on other public areas on the Site, becomes public information. Please exercise caution when disclosing personal or other information in public areas.  We are not responsible for the personal information you choose to post in a public forum. To request removal of your personal information from our Site, you may contact us using one of the methods listed in the “Contact Us” section below.  

  1. CHANGES TO THIS PRIVACY POLICY

We reserve the right to make changes to this Privacy Policy at any time.  When we do, we will post the changes on the Site. Please visit this page periodically so that you will be apprised of any such changes.  If we change the Privacy Policy in a material way, we will provide appropriate notice to you.

  1. CONTACT US

If you have any questions or comments regarding this Privacy Policy or any of the practices described herein, you can contact us by:

  • Emailing [email protected];
  • Emailing [email protected];
  • Calling Petco Customer Service at (877) 738-6742; or
  • Writing to us at PupBox, c/o Petco Animal Supplies Stores, Inc., 10850 Via Frontera, San Diego, CA 92127, Attn: Privacy Team.

PupBox Terms of Use

Last Updated:  April 5, 2021


PLEASE NOTE:  THESE TERMS OF USE CONTAIN AN ARBITRATION PROVISION WITH A CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS. THE ARBITRATION PROVISION AFFECTS HOW DISPUTES WITH PUPBOX ARE RESOLVED.  YOU AGREE TO BE BOUND BY THIS ARBITRATION PROVISION.  IN ARBITRATION, THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.  PLEASE READ THESE TERMS CAREFULLY.


PupBox is a member of the Petco Animal Supplies Stores, Inc. (“Petco”) family of businesses.  These Terms of Use (the "Terms") govern, among other things, your access and use of any website (each a "Site") or any mobile application (each an "App") operated by PupBox or its subsidiaries, divisions or affiliates (collectively, with Petco, “the Company,” “we,” or “us”).  The Sites and Apps are collectively referred to in these Terms as “Services.”  The terms "you" and "your," as used herein, refer to all individuals and/or entities accessing or using the Services for any reason or otherwise providing assent.  You agree, without limitation or qualification, to be bound by these Terms and by the PupBox Privacy Policy, which is incorporated herein by reference, by accessing or using the Services, or otherwise providing assent, regardless of whether you become a registered user of the Services or purchase a Subscription (as defined below).  If you do not accept, please do not access or use the Services or otherwise assent.  Your use of the Services may be subject to additional terms in connection with certain programs, goods, or services associated with the Company.

The Company may revise these Terms at any time without prior notice. You will be deemed to have accepted those changes by, among other things, continuing to access or use the Services.  You agree to comply with all applicable laws and regulations.  The materials provided on or through the Services are protected by law, including, but not limited to, United States copyright laws and international treaties.  Your use of the Services may be subject to additional terms in connection with certain programs, goods, or services associated with the Company.  


THE SUBSCRIPTION (AS DEFINED BELOW) IS FOR A ONE-, THREE-, SIX-, OR TWELVE-MONTH TERM, DEPENDING ON YOUR SELECTION.  ALL SUBSCRIPTIONS WILL AUTOMATICALLY RENEW FOR AN ADDITIONAL TERM EQUAL TO YOUR EXISTING TERM, UNLESS CANCELLED IN ACCORDANCE WITH THE CANCELLATION POLICY BELOW IN SECTION 5.  FOR EXAMPLE, A THREE-MONTH SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF THE INITIAL THREE-MONTH TERM, FOR AN ADDITIONAL THREE-MONTH TERM.  SEE SECTION 4 FOR RECCURING PAYMENT INFORMATION.

  1. About the Services

PupBox offers a subscription service (the “Subscription”) that delivers customized subscription boxes, products, and training information to pet owners, based on their pet’s stage of development and physical characteristics.  Individuals who visit the Site, complete PupBox’s account registration process, purchase a Subscription, or otherwise access the Services, are referred to in these Terms as “Users.”  

  1. Eligibility and Use

You must be 18 years of age or older to visit or use the Services in any manner.  By accessing or using the Services or otherwise accepting these Terms, you represent and warrant to the Company that you are 18 years of age or older, and that you have the right, authority, and capacity to agree to and abide by these Terms.

The Company provides you with access to and use of the Services subject to your compliance with the Terms.  You also represent and warrant to the Company that you will use the Services in a manner consistent with any and all applicable laws and regulations.  You are responsible for the consequences of your communications, uploads, transmissions and posting of information on or through the Services and for any use of the Services by anyone using your login information.

  1. Use Restrictions

The contents on the Services, such as text, graphics, images, photographs, illustrations, trademarks, trade names, service marks, logos, information obtained from the Company’s licensors, and other materials ("Materials") are protected by copyright under both United States and foreign laws.  Title to the Materials remains with the Company.  Any use of the Materials not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

Except as otherwise provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any such Materials from the Services in whole or in part, for any public or commercial purpose without our specific written permission.  We grant you a personal, non-exclusive, non-transferable license to access the Services and to use the information and services contained on the Services subject to your compliance with these Terms.  In turn, you grant us a non-exclusive, royalty-free license to use any content you post on the Services for any purpose, subject to the express provisions of these Terms.

You may not distribute or make the Services available over a network where they could be used by multiple devices at the same time.  You may not rent, lease, lend, sell, redistribute, or sublicense the Services.  You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Services, any updates thereto, or any part thereof.  Any attempt to do so is a violation of these Terms.  If you breach this restriction, you may be subject to prosecution and damages.  These Terms will govern any upgrades provided by PupBox that replace and/or supplement the original Services, unless such upgrade is accompanied by separate or updated terms.  If you violate any of these Terms, your permission to use the Materials automatically terminates and you must immediately destroy any copies you have made of any portion of the Materials.

You may not, without the Company’s written permission, "mirror" any Materials contained on the Services or any other server.  You may not use the Services for any purpose that is unlawful or prohibited by these Terms.  You may not use the Services in any manner that could damage, disable, overburden, or impair the Services, or interfere with any other party's use and enjoyment of the Services.  You may not attempt to gain unauthorized access to the Services through hacking, password mining or any other means.

  1. Recurring Payment Processing, Billing and Auto-Renewal

WHEN YOU SIGN UP FOR A SUBSCRIPTION, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU ARE SIGNING UP FOR A SUBSCRIPTION PROGRAM AND THAT EACH MONTH THE COMPANY WILL CHARGE THE APPLICABLE MONTHLY FEE (PLUS APPLICABLE TAXES AND CHARGES) TO THE PAYMENT METHOD YOU DESIGNATE OR THAT YOU OTHERWISE HAVE ON FILE WITH THE COMPANY.  YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOUR SUBSCRIPTION IS CONTINUOUS UNTIL YOU CANCEL IT OR WE SUSPEND OR STOP PROVIDING IT FOR ANY REASON.  YOU MAY CHOOSE BETWEEN A ONE-MONTH, THREE-MONTH, SIX-MONTH, OR TWELVE-MONTH SUBSCRIPTION.  ALL SUBSCRIPTIONS ARE CHARGED FOR ON A MONTHLY BASIS AND RENEW AUTOMATICALLY AT THE END OF EACH TERM.

YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF EACH TERM, UNLESS CANCELLED IN ACCORDANCE WITH THE CANCELLATION POLICY BELOW (SECTION 5).

The charge for the monthly Subscription fee will be billed to the primary payment method you provide when signing up for your Subscription.  If we are unable to complete your Subscription monthly fee payment with the payment method provided, we will notify you through the email address associated with your Subscription.  If we are unable to get an updated payment method, your Subscription will be cancelled and will remain inactive until you resume your Subscription through your online account, or by contacting [email protected], and providing an updated payment method for recurring payments.  The Company is not responsible for any fees or charges issued by the customer’s financial institution. In the event of a returned or voided payment, the Company will directly charge the card on file for overdue balances.

You can view your Subscription plan, monthly price, next payment due date, and next auto-renewal date on your PupBox.com “My Account” page.  You can also contact us at [email protected] with any questions regarding your Subscription.

  1. Cancellation

As referenced above, your Subscription will automatically renew at the end of each term, until you cancel.  

YOU MAY CANCEL YOUR SUBSCRIPTION ONLINE AT ANY TIME BY EMAILING [email protected] OR VISITING YOUR MY ACCOUNT PAGE ON PUPBOX.COM.  CANCELLATION OF YOUR SUBSCRIPTION WILL APPLY AT THE END OF YOUR EXISTING TERM AND YOUR SUBSCRIPTION TERM WILL NOT AUTOMATICALLY RENEW THEREAFTER.    

After cancellation, you will have access to all Subscription benefits and continue to be responsible for payment of the applicable monthly fee throughout the remainder of that term.  Cancellations must be made before your Subscription is due to auto-renew, in order to prevent your Subscription from renewing.  

  1. Termination by Petco 

We reserve the right to terminate, revoke or cancel your Subscription for any reason at any time, without notice and without any liability, including as a result of violation of these Terms, or violation of any other applicable terms and conditions.

  1. Taxes 

We will collect applicable taxes on the Subscription for which we determine we have a duty to collect such taxes.  Taxes and any other charges are separate from the base price of the Subscription.  

  1. Shipping; Refunds

Your Subscription box will ship within approximately one week of your payment successfully processing.  Shipping times vary.  To inquire about tracking your shipment, please contact us at [email protected] or visit your My Account page on our Site.  All items purchased from the Company are made pursuant to a shipment contract.  The risk of loss and title for such items pass to you upon our delivery to the carrier.

We do not offer full or partial refunds for our Subscriptions, and we do not accept returned items, unless specifically set forth herein.  

  1.   Changes

The Company reserves the right to cancel or modify the Subscription at any time.  The Company will provide you with notice of any material change in the Subscription.  You agree that the Company may, in its sole discretion and at any time, modify, discontinue, or suspend its operation of the Services or any part thereof, and any Materials, temporarily or permanently, without notice or liability to you.

  1.   Copyright and Trademarks

The Services, and all content or Materials available through the Services, are protected by copyright.  Unless specified otherwise on the Services or except as permitted by United States copyright law, no portion of the Services may be copied, republished, transmitted, or distributed in any way without the Company’s prior written consent.  Any such use of the Service's content or Materials for any purpose not authorized under these Terms is a violation of the copyrights of the Company (or other entities where so indicated).

Permission for all uses of the Services other than as expressly authorized under these Terms, including linking to any page on the Services other than the home page, must be obtained from the Company in advance.  Any such request should be submitted via email to [email protected] The use of the Services, or any content or Materials available hereon, on any other website or networked computer environment is prohibited.  All design rights, compilation rights, and other intellectual property rights in and to the Services, in each case whether registered or unregistered, and related goodwill, are proprietary to the Company or its licensors.  

All trademarks, service marks, logos and trade names on the Services, whether registered or unregistered, are proprietary to the Company or to other companies where so indicated. You may not reproduce, download or otherwise use any such trademarks, service marks, logos or trade names without the prior written consent of the Company or the appropriate owner thereof.

  1.   User Submissions

The personal information you submit to the Company is governed by our Privacy Policy. To the extent there is an inconsistency between these Terms and the Privacy Policy, the Privacy Policy shall govern.

Your voluntary provision to the Company of your cell phone number represents your consent that we may contact you by SMS or MMS messages at that phone number, and your consent to receiving such communications for transactional, operational, or informational purposes.  You may review Petco’s SMS Terms and Conditions in full here.  You understand and agree that text messages may be sent to you using automated technology.  You may unsubscribe from receiving text messages from us at any time by replying “STOP” to text messages.  If you need assistance, contact PupBox at [email protected], or Petco customer service at (877) 738-6742.  If you unsubscribe from receiving text messages from us, you may continue to receive text messages for a short period while the Company processes your request(s).  When you provide any phone number to the Company, you warrant that you are the current subscriber or authorized user of the phone number.  If you change, forfeit, or deactivate the phone number you provided to the Company, you agree to notify us immediately. Failure to do so constitutes a material breach of these Terms.  

Except as provided under Section 12 (Unsolicited Ideas), as set forth in the applicable Privacy Policy, or as set forth in otherwise applicable terms, the Company does not claim ownership of any information or material a user provides to it or posts, uploads, input, submits, or transmits to the Services ("Submission").  You agree that you will not make any Submission that is, in whole or in part, libelous; scandalous; inflammatory; discriminatory; defamatory; false; threatening; vulgar; obscene; pornographic; profane; abusive; harassing; invasive of another's privacy; hateful or bashing; aimed at gender, race, color, sexual orientation, national origin, religious views, or disability; in violation of local, state, national, or international law; or that infringes on, or violates, any right of any party.  Additionally, you agree that you will not: (a) make any Submission that is an advertisement or solicitation of business; (b) disrupt the normal flow of dialogue or make a Submission unrelated to the topic being discussed (unless it is clear the discussion is free-form); (c) post a chain letter or pyramid scheme; (d) impersonate another person; (e) distribute viruses or other harmful computer code; (f) harvest or otherwise collect information about others, including email addresses, without their consent; (g) post the same note more than once or otherwise engage in "spamming"; or (h) engage in any other conduct that restricts or inhibits any other person from using or enjoying the Services, or which, in the judgment of the Company, exposes it or any of its licensors, partners, or customers to any liability or detriment of any type.

By making a Submission, you agree that such Submission is non-confidential, non-proprietary, and may be disseminated or used by the Company.  If you make a Submission, you automatically grant—or warrant that the owner of such content has expressly granted—the Company a royalty-free, perpetual, irrevocable, worldwide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the Submission in any media or medium, or any form, format, or forum now known or hereafter developed.  Notwithstanding the foregoing, the Company is not required to use any Submission.

You are solely responsible for your Submission, the consequences of making a Submission, and your reliance on any Submissions.  The Company is not responsible for the consequences of any Submission.  The Company is not responsible for screening or monitoring Submissions made to the Services by users.  If notified by a user of a Submission allegedly in violation of these Terms, the Company may investigate the allegation and determine in good faith and its sole discretion whether to remove such Submission.  The Company will have no liability or responsibility to users for performance or nonperformance of such activities.

The Company reserves the right (but is not obligated) to: (a) record the dialogue on the Services; (b) investigate an allegation that a Submission does not comply with these Terms and determine in its sole discretion to remove or request the removal of the Submission; (c) remove Submissions which are abusive, illegal, disruptive, or outdated, or that otherwise fail to comply with these Terms; (d) terminate a user's access to any or all parts of the Services upon any breach of these Terms or the law; (e) monitor, edit, or disclose any Submission; (f) edit or delete any Submission posted on the Services, regardless of whether such Submission violates these Terms.

  1.   Unsolicited Ideas

The Company’s policy is to not accept or review unsolicited ideas or suggestions from persons outside the Company, including ideas for new products or services.  You should not transmit any material to the Services that you consider to be confidential or proprietary. Notwithstanding such policy, any material, ideas, suggestions, know-how, or concepts that are offered or communicated to us through the Services or otherwise shall be the property of the Company, and may be treated by the Company as non-confidential and non-proprietary.

Except as expressly provided in the applicable Privacy Policy or as set forth in otherwise applicable terms, you give the Company an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute any such information.  You further agree that the Company has the right to use, without any payment or accounting to you or others, any concepts, know-how or ideas that you (or those who act on your behalf) transmit to the Services.

  1.   Promotions

Any and all offers or promotions advertised on the Services are void where prohibited by law, and are subject to the posting of any official rules and additional terms pertaining to such offers or promotions.

  1.   Colors

While the Company strives to display as accurately as possible the colors of the products shown on the Services, it cannot guarantee that the colors shown on the Services exactly reproduce the colors of its products.  This may depend on the color reproduction on your computer or mobile device.

  1.   Terms of Sale

We reserve the right to refuse to process or complete any order you place with us for any reason.  For example, we may reject your order if we know or suspect that you intend to resell some or all of the products specified in your order as a part of a commercial business.  You may only place orders via the Services for private and domestic purposes.  We expressly prohibit purchases for resale and/or reselling any Company product as part of any business (including any online business) unless expressly agreed to in writing by the Company.

  1.   Pricing, Offers, and Selections

Regular and sale prices, offers, and selections found on the Services may vary from those found, for example, at retail stores and in local advertisements. Prices, offers, and selections on the Services are subject to change without prior notice.

  1.   International Use

We control and operate the Services from our offices in the United States, and all information is processed within the United States.  We do not represent that materials on the Services are appropriate or available for use in other locations.  Those who choose to access the Services from outside the United States do so voluntarily and are responsible for compliance with their local laws.

Access to the Services from jurisdictions where the contents of the Services are illegal or penalized is prohibited.  No information from the Services may be downloaded or otherwise re-exported (a) into or to a national or resident of any country to which the United States embargoes or sanctions goods, services or technology; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders.  By using information from the Services, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

  1.   Pet Pharmacy/Health Content

All content available in any pet pharmacy portion of the Services, or in any other health portion of the Services, is provided for informational purposes only.  Such information is not intended to be, and is not, professional veterinarian advice or a substitute for such advice, or for diagnosis, treatment, cure, or prevention of any health conditions for your pet or any other animal, and you should not rely on them as such.  You should always seek the advice of a veterinarian if you have any questions about any of the information you receive from the Services.  The Company does not represent or guarantee that such information is accurate, complete, or timely.

  1.   Disclaimers; Limitation of Liability

The Materials available on the Services are provided for informational purposes only.  Use of the Services or the Materials is at your own risk.  The Materials on the Services could include inaccuracies or typographical errors and may not be complete or current.  The Company reserves the right to correct any inaccuracies, errors, or omissions and to change and update information at any time without prior notice (including after you have submitted your order).  If you are not fully satisfied with your purchase, you may return it consistent with our return policy.  Should a product be listed at an incorrect price or a promotional offer be incorrect due to typographical error or systems error, the Company shall have the right to refuse or cancel any orders based on those errors.

THE MATERIALS AND SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.  THE COMPANY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  THE COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVER THAT MAKES THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE MATERIALS ON THE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT THE COMPANY) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

THE COMPANY ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, BROWSING OF, OR DOWNLOADING OF ANY MATERIALS OR CONTENT FROM THE SERVICES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY ASSUMES NO AND DISCLAIMS ALL LIABILITY, WHETHER IN CONTRACT, WARRANTY, STATUTE, TORT, INCLUDING NEGLIGENCE AND STRICT LIABILITY, OR UNDER ANY OTHER LEGAL THEORY FOR ANY DIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR INDIRECT DAMAGES, INCLUDING (WITHOUT LIMITATION) DAMAGES FOR LOSS OF ANTICIPATED PROFITS OR REVENUE OR OTHER ECONOMIC LOSS, EVEN IF AN AUTHORIZED REPRESENTATIVE OF THE COMPANY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, IN CONNECTION WITH OR ARISING FROM THE SERVICES OR ANY ACT OR OMISSION BY THE COMPANY, ITS AGENTS, AFFILIATES, JOINT VENTURE PARTNERS, INDEPENDENT CONTRACTORS, OR UNAFFILIATED THIRD PARTIES AS A RESULT OF ANY ACT OR OMISSION IN FULFILLMENT OF OR IN BREACH OF THESE TERMS OR THE PRIVACY POLICY.  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY’S MAXIMUM AGGREGATE LIABILITY EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID PUPBOX IN THE PRIOR 12 MONTHS.

  1.   Indemnity

To the maximum extent permitted by applicable law, you hereby agree to defend, indemnify, and hold the Company and its respective officers, directors, employees, agents, information providers, licensors and licensees, and partners, harmless from and against any and all claims, losses, actions, demands, liabilities, damages, costs, and settlements including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Services or Materials, or your violation of these Terms.  You shall cooperate with us in the defense of any such claim.  We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder.

  1.   Your Account

If you use the Services, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and your PupBox account.  You agree to accept responsibility for all activities that occur under your account or password.  The Company reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

  1.   Contact with Third Parties and Third Party Websites

The Services may contain hyperlinks to other websites and webpages ("Third Party Pages"), as well as to text, graphics, videos, images, music, sounds, and information belonging to or originating from other third parties (collectively, "Third Party Applications"). The Company does not investigate, monitor, or review any Third Party Pages or Third Party Applications to ensure their accuracy, completeness, or appropriateness. The Company is not responsible for Third Party Pages or any Third Party Applications accessed through the Services.  You agree that the Company shall have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence or integration of any such third party on the Services.

The inclusion of any hyperlinks to any Third Party Pages or Third Party Applications on the Services does not indicate the Company's approval or endorsement thereof.  These links are provided solely as a convenience or benefit to users.  Your interactions with a third party on the Services, or based on such third party's participation or presence on the Services, are solely between you and the third party.  The Company has no control over these Third Party Pages or Third Party Applications independent of it.  The Company makes no representations or warranties with respect to the content, ownership, or legality of any such linked third party website. If you choose to leave the Services to access any Third Party Pages or Third Party Applications, you should review their respective terms and privacy policies, and you access those Third Party Pages or Third Party Applications at your own risk.

  1.   Termination

The Company reserves the right, in its sole discretion, to terminate your access to the Services, or any portion thereof, without prior notice at any time for any reason. Upon any such termination, you must destroy any content obtained from the Services and all copies thereof. The provisions of these Terms relating to Use Restrictions, Copyright & Trademarks, User Submissions, Unsolicited Ideas, Disclaimers, Limitation of Liability, Indemnity, Applicable Laws, and Mandatory Dispute Resolution shall survive any termination.

  1.   General

The Company makes no claims that the Materials are appropriate or may be downloaded outside of the United States.  Access to the Materials may not be legal by certain persons or in certain countries.  If you access the Services from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

These Terms govern our relationship with you, along with any additional terms in connection with certain programs, goods, or services associated with the Company. You confirm that, in agreeing to accept the Terms, you have not relied on any representation except as expressly set forth in these Terms, and you agree that you shall have no remedy with respect to any such representation not included in these Terms. Except as provided in Section 26 (Mandatory Dispute Resolution), each provision of the Terms shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in the circumstances.  

  1.   Applicable Laws

These Terms are governed in accordance with the laws of the State of California without regard to its conflict of law provisions, unless the laws of your jurisdiction require that those laws apply.  To the extent that any claims could be brought in court and except with respect to matters that can be heard in small claims court, you and the Company hereby expressly consent and submit to the exclusive jurisdiction of the state and federal courts located in the Southern District of California for the adjudication or disposition of any claim, action or dispute arising out of the Services or these Terms, including the Company’s Privacy Policy.  The Federal Arbitration Act will govern the interpretation and enforcement of the arbitration agreement in Section 26 (Mandatory Dispute Resolution).  Except as provided in Section 26 (Mandatory Dispute Resolution), if any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.  No waiver of any provision of these Terms shall be deemed or construed a further or continuing waiver of such term or condition; of any other term or condition; or of any proceeding or succeeding breach of any provision in these Terms.

  1.   Mandatory Dispute Resolution

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY PRE-DISPUTE RESOLUTION, BINDING ARBITRATION AND A CLASS ACTION WAIVER.

IRRESPECTIVE OF ANY LAW TO THE CONTRARY, YOU MUST PROVIDE NOTICE TO THE COMPANY, PURSUANT TO THE PROCEDURES SET FORTH IN THIS SECTION, OF ANY CLAIM WITHIN ONE YEAR OF ITS ACCRUAL OR YOUR CLAIM SHALL BE WAIVED AND TIME-BARRED.

Pre-Dispute Resolution Process:  Should you and the Company have a Dispute (as defined below), the Company is committed to engaging with you to resolve it.  Therefore, for any Dispute that arises between you and the Company, the parties agree that they will first make a good faith effort to resolve it informally.  This informal dispute resolution process is a condition precedent to commencing any formal proceeding in arbitration or small claims court.  The parties agree that any relevant limitations period and filing fee or other deadlines will be tolled while the parties engage in this process.

For your Disputes with the Company, you must first send your name, address, telephone number, email address, and sufficient information for the Company to identify any transaction at issue; a detailed description of your Dispute; and the nature and basis of your claims and the relief sought to the following email address: [email protected]  You and the Company agree to negotiate in good faith about the Dispute, including through an informal and individualized telephone conference between you and the Company.  If either party to the Dispute is represented by counsel, that party’s counsel may participate, but the party also must personally appear at and participate in the conference.  This process should lead to resolution of the Dispute, but if the matter is not resolved within sixty (60) days after the Company’s receipt of the written description detailed above, you and the Company agree to the further dispute resolution provisions below.  This time period will start to run upon receipt of the information referenced above.

Arbitration:  You and the Company agree that any and all controversies, disputes, demands, counts, claims, or causes of action between you and the Company, or the Company's employees, agents, affiliates, subsidiaries, successors, representatives, or assigns (“Dispute(s)”), shall be resolved through binding and confidential arbitration, except that you or the Company may elect to have a Dispute heard in small claims court if it qualifies for hearing by such a court.  In addition, each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.  “Dispute” shall be interpreted broadly and shall also include all Disputes that arose before your agreement to these Terms, and which arise after the termination of this agreement.  Notwithstanding the foregoing, issues related to the scope, validity, and/or enforceability of this arbitration agreement are for a court to decide.

There is no judge or jury in arbitration and arbitration procedures are simpler and more limited than rules applicable in court.  YOU ACKNOWLEDGE AND AGREE THAT, APART FROM THE NARROW EXCEPTIONS ABOVE, YOU AND THE COMPANY ARE EACH WAIVING YOUR RIGHTS TO SUE IN COURT, INCLUDING RIGHTS TO RECEIVE A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING.

THE ARBITRATOR MAY AWARD DECLARATORY OR INJUNCTIVE RELIEF ONLY 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 WHO IS NOT A PARTY TO THE ARBITRATION PROCEEDING.  FURTHER, UNLESS BOTH YOU AND THE COMPANY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.  IF A COURT DETERMINES THAT PUBLIC INJUNCTIVE RELIEF MAY NOT BE WAIVED AND ALL APPEALS FROM THAT DECISION HAVE BEEN EXHAUSTED (OR THE DECISION IS OTHERWISE FINAL), THEN THE PARTIES AGREE THAT THE PARTICULAR CLAIM FOR PUBLIC INJUNCTIVE RELIEF SHALL BE SEVERED AND STAYED PENDING ARBITRATION OF THE REMAINING CLAIMS.  IF THIS SPECIFIC PARAGRAPH IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS ARBITRATION PROVISION (EXCEPT FOR THE JURY TRIAL WAIVER) SHALL BE NULL AND VOID.

Arbitration shall be subject to the Federal Arbitration Act and federal arbitration law, and shall be conducted by Judicial Arbitration Mediation Services, Inc. (“JAMS”) pursuant to the JAMS Streamlined Arbitration Rules & Procedures (the "JAMS Rules") as modified by this arbitration agreement. The JAMS Rules, including instructions for bringing arbitration, are available on its website at www.jamsadr.com/rules-streamlined-arbitration.  If JAMS is unable to administer a proceeding under this arbitration provision as written, the parties shall agree on a substitute arbitration organization.  If the parties cannot agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will administer a proceeding under this arbitration provision as written and applying the selected arbitration organization’s consumer rules.  

The Company will pay its arbitration costs as required by JAMS rules, and in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, the Company will pay as much of your arbitration filing and hearing fees as the arbitrator deems is necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation.  Each side shall pay their own attorneys' fees, costs,  and arbitration fees unless the arbitrator finds, among other grounds, (1) that either the substance of a claim or the relief sought is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), or (2) the claim(s) at issue permit the prevailing party to be reimbursed its fees and litigation costs, and in such instances, the fees and costs awarded shall be determined by the arbitrator consistent with applicable law and with the JAMS Rules.  The arbitrator may consider whether a party had previously offered full relief to the other party or whether the proceeding is part of multiple case filings.  

The arbitration may be conducted by telephone, based on written submissions, or in person at a mutually agreed-upon location convenient for you.  You agree to appear at an initial conference with the arbitrator and at any hearing, along with your counsel if you are represented.      

As referenced above, this dispute resolution section shall be governed by the Federal Arbitration Act.  It shall survive any termination or cancellation of these Terms. Any amendments to this dispute resolution section shall be prospective only and shall not affect any pending Dispute for which the Company has notice or pending arbitration proceeding.

YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND TO PARTICIPATE IN A CLASS ACTION TO THE MAXIMUM EXTENT PERMITTED BY LAW.

OPT-OUT OF AGREEMENT TO ARBITRATE:  The Company’s updates to these Terms do not provide you with a new opportunity to opt out of arbitration if you previously agreed and did not validly opt out of arbitration.  The Company will continue to honor any valid opt outs if you previously opted out of arbitration with the Company.  To opt out of arbitration, you must send a notice via U.S. Mail to us at:  PupBox, c/o Petco Legal Department, 10850 Via Frontera, San Diego CA 92127, or via email to [email protected], and you must provide the following information: (1) your name, (2) your address, (3) your phone number, and (4) a clear statement that you wish to opt out of this arbitration provision.  This opt-out notice must be received no later than thirty (30) days after the date you first become subject to this arbitration agreement.  If you opt out of this agreement to arbitrate, all other provisions of these Terms will continue to apply to you.  Opting out has no effect on any other arbitration agreements that you may have entered into with the Company or may enter into in the future with the Company.

  1.   Notice and Take Down Procedures

The U.S. Digital Millennium Copyright Act ("DMCA") provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet.  If you believe that any content on the Services infringes upon any copyright which you own or control, you may request removal of such content from the Services by contacting the Company at the address identified below and providing the following information:

  1. Identification of the copyrighted work(s) that you believe to be infringed. Please describe the work(s) and, where possible, include a copy or the location (e.g., the URL) of an authorized version of the work(s);
  2. Identification of the content that you believe to be infringing, and its location. Please describe the content, and provide us with its URL and/or any other pertinent information that will allow us to locate the allegedly infringing content.
  3. Your name, address, telephone number, and email address;
  4. A statement that you have a good faith belief that the complained-of use of the work(s) is not authorized by the copyright owner, its agent, or the law;
  5. A statement that the information in this notification is accurate and, "under penalty of perjury," you are the copyright owner or authorized representative; and
  6. A signature or the electronic equivalent from the copyright holder or authorized representative.

Please send all notices (and counter-notices) to our designated copyright agent at the following address:

PupBox

c/o Petco Animal Supplies Stores, Inc.
Attn: Copyright Agent; Law Department
10850 Via Frontera
San Diego, CA 92127
Email: [email protected]

  1.   Changes to these Terms

The Company may revise these Terms at any time without prior notice. You will be deemed to have accepted those changes by, among other things, continuing to access or use the Services.  We encourage you to check our Services frequently to see the current Terms in effect and any changes that may have been made to them.  If we make material changes to the Terms we will post the revised Terms and the revised effective date on the Services.

  1.   Complete Agreement

Except as expressly provided in a particular notice or disclaimer posted by or on behalf of the Company on the Services, these Terms and the Privacy Policy constitute the entire agreement between you and the Company with respect to the use of the Services and Materials.

  1.   Contact Information

Please contact us at the contact information below with any questions regarding these Terms.  The Company is not responsible for requests or correspondence lost or delayed in the mail or over the Internet.

PupBox

c/o Petco Animal Supplies Stores, Inc.
Attn:  PupBox.com Terms of Use

10850 Via Frontera
San Diego, CA 92127
Email: [email protected]