Terms and Conditions 2017-10-23T11:54:59+00:00

Please carefully read the following terms and conditions (“Terms”) governing your use of the ProEarthAnimalHealth.com website (the “Website”). Use of the Website constitutes your agreement to be bound by these Terms. Pro Earth Animal Health, Inc.. (“Pro Earth Animal Health”) may, in its sole discretion, change the Terms at anytime. Any su”ch changes will be posted on the Website and will be deemed accepted by you upon access of the Website. If you do not agree to any of these Terms or the Pro Earth Animal Health Privacy Policy, please do not use the Website.

Privacy

Please read our Privacy Policy, which governs your visit to the Website.

Permitted Use

You may access and use the Website for personal, non-commercial purposes only. As a condition to your continued use of the Website, you warrant to Pro Earth Animal Health that you will not use the Website for any purpose that is unlawful or prohibited by these Terms. Pro Earth Animal Health reserves the right to refuse service, terminate accounts, or cancel orders in its sole discretion.

Ownership Rights/Use of Sites Materials

All content available on the Website, including, but not limited to, text, graphics, logos, button icons, images, audio and video clips, data compilations, metadata, and software, and the compilation thereof (the “Website Content”) is the property of Pro Earth Animal Health, and is protected by patent, trademark, copyright, trade secrets and all other intellectual property laws in the United States and throughout the world.

All trademarks, service marks, trade names, logos and domain names, whether registered or unregistered, used on or in connection with the Websites (collectively, the “Marks”) are the sole and exclusive property of Pro Earth Animal Health and are protected by United States and international trademarks. Except as set forth in this Agreement, neither the Website Content nor its Marks, nor any other portion of the Website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in full or in part, for any purpose without our prior written consent.

In using the Website, you shall not: (i) modify or download the Website or Website Content (ii) make any use of the Website or Website Content except for personal, non-commercial use; (iii) create any derivative work whatsoever based upon, without limitation, the Website or Website Content; (iv) use any meta tags or any other “hidden text” utilizing the Marks of the name of Pro Earth Animal Health without our express prior written consent; or (vi) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose burden or load on the Website server or related product fulfillment infrastructure. This license shall be terminated upon any unauthorized use by you of the website without prejudice to any other remedy provided by applicable law.

Any inquiries, feedback, suggestions, ideas or any other information you provide us, whether posted on the Website, e-mailed to us, or mailed to our address (“Information”) will be treated as non-proprietary and non-confidential. In addition to the foregoing, you hereby grant us a nonexclusive, royalty-free, perpetual, transferable, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute, and display any submission in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works, from the Information. You also acknowledge that the Information may not be returned and we may freely use the Information, and any ideas, concepts, or know how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing.

Informational Purposes Only

The Website is for informational purposes only and is not intended to provide recommendations for medical treatment nor are products sold on the Website intended to diagnose, treat, cure or prevent any disease.

Digital Millennium Copyright Act

If you are a copyright owner or an agent thereof and believe that any content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyrighted work claimed to have 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 that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Pro Earth Animal Health’ designated Copyright Agent to receive notifications of claimed infringement may be contacted as follows:
By Postal Mail: Pro Earth Animal Health LLC, 10655 Sorrento Valley Road, San Diego, CA 92121
By E-mail: CS@PROEARTHANIMALHEALTH.COM

The contact information for the Copyright Agent should be used solely for the purposes of notifying Pro Earth Animal Health that your copyrighted materials may have been infringed. All other inquiries, such as product or service related questions and requests, or questions on privacy, will not receive a response through this process.

Spam

All e-mail communications from Pro Earth Animal Health will include our company address at the bottom of any such email. Any product offer or coupon will always include links to our Privacy Statement, Terms and Conditions and will be hosted (i) on our website (proearthanimalhealth.com), (ii) on the website of an affiliate of Pro Earth Animal Health, or (iii) on an approved partner website. Anytime that you are not sure if an e-mail or other electronic offer or communication relating to a Pro Earth Animal Health product is valid, you should always contact the sender of that e-mail or communication.
Our Customer Service Department is available to help anyone who has questions about our products and promotions. We encourage you to take the time to CONTACT US.

Credit Cards for Samples and Promotions

Pro Earth Animal Health currently is not requiring your credit card information for the purposes of receiving any sample or coupon. However, Pro Earth Animal Health does sell its products online. At the end of an online transaction to purchase Pro Earth Animal Health’ products, you will be provided with a description of the products and/or services for which you are being charged (e.g., products, shipping) and the total amount of the transaction. If a website asks you for your credit card without giving you a total amount of sale and asking for your approval to completing the transaction, we would encourage you to find out more before sharing your personal information or completing the transaction.

CAN-SPAM Act

You agree to be fully adhere to the CAN-SPAM Act (Controlling the Assault of Non-Solicited Pornography and Marketing Act) of 2003.

Product Shipment

All products purchased through the Website are shipped and billed by Pro Earth Animal Health. Your order will reflect: ” PRO EARTH ANIMAL H” on your credit card statement. Orders are typically shipped standard ground.

Disclaimer/Limitation on Liability

Use of and browsing in the Website is at your own risk. Neither Pro Earth Animal Health nor any party representing Pro Earth Animal Health in creating, presenting or otherwise affiliated with the Website is liable for any indirect, special, punitive, incidental, exemplary or consequential damages arising out of your use the Website. To the extent permitted by law and without limiting any of the foregoing, everything on the Website is provided to you on as “as is” basis, without warranty, either express or implied, of any kind, including, but not limited to, the implied warranties of merchantability, fitness for a specific purpose, or non-infringement. Results from product use may vary and can depend on a number of factors including age, skin type and lifestyle. Because some jurisdictions do not allow limitations on implied warranties, or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.

Links

Pro Earth Animal Health is not responsible or liable for the content, privacy policies or security of third party websites that link to or from the Website. Linking to any page on the Website is prohibited absent express written permission from Pro Earth Animal Health. No links to a third party website from the Website shall be deemed to imply that Pro Earth Animal Health endorses the third party website or any content therein. Pro Earth Animal Health shall not be held liable or responsible for the accuracy of any of the information provided on such linked sites and any goods or services provided or purchased from such site.

Indemnification

You shall defend, indemnify and hold Pro Earth Animal Health, its officers, directors, employees, agents, licensors and suppliers harmless from and against any losses, damages, costs, third party claims, actions, or demands, including attorneys’ fees, resulting from (i) any violation of these terms and conditions, from your use or misuse of the Website and Website Content, (ii) any activity related to your Website account (including negligent or wrongful conduct), by you or any other person accessing the Website using your Website account), or (iii) the use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that burdens the Website or product fulfillment infrastructure.

Jurisdiction; Use Outside the United States

Any dispute over the content or use of the Website shall be governed by the substantive laws of the United States and the State of South Dakota, without regard to conflicts of law and not by the 1980 United Nations Convention on Contracts for the International Sale of Goods. If you are visiting the Website from a location outside of the United States, your connection will be through and to servers located within the United States. Your order will be placed, accepted, processed in and shipped from the United States. Access to and use of this Website outside the United States does not imply that the materials published on this Web Site are appropriate for use or in compliance with applicable laws and regulations outside of the United States. If you access and use this Web Site from outside of the United States, you are solely responsible for compliance with applicable local laws and regulations.

No Assignment; No Waiver

You shall not assign the Terms of Use in whole, or in part, to any third party whatsoever. The failure on the part of Pro Earth Animal Health to enforce any part of these Terms and Conditions shall not constitute a waiver of any of Pro Earth Animal Health’s rights hereunder for past or future actions. Further, trade practice shall not act to modify any of these Terms and Conditions. Pro Earth Animal Health may assign its rights and duties under this Agreement to any party at any time without notice to you.

Entire Agreement

By using the Website, you signify your understanding and agreement to comply with these Terms and Conditions and our Privacy Policy. Your further acknowledge and agree that these terms and conditions which, together with the privacy policy, as may be modified from time to time, constitute the entire agreement between you and Pro Earth Animal Health with respect to your use of the Website.