Terms and Conditions
LEGAL INFORMATION FOR (www.proplanvetdirect.com)
Nestlé Purina PetCare (hereinafter "Purina") maintains this site (the "Site") for your personal entertainment, information, education and communication. Please feel free to browse the Site. You may download only material displayed on the Site specifically identified as available for downloading. Such material is for noncommercial, personal use only provided you also retain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, modify, transmit, reuse, repost or use the content of the Site for public or commercial purposes, including the text, images, audio and video without Purina's written permission. Your access to and use of the Site is also subject to the following terms and conditions ("Terms and Conditions") and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms and Conditions and acknowledge that any other agreements between you and Purina regarding this site are superseded and of no force or effect.
TERMS AND CONDITIONS
1. You should assume that everything you see or read on the Site is copyrighted unless otherwise noted and may not be used except as provided in these Terms and Conditions or in the text on the Site without the written permission of Purina. Purina neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with Purina.
2. While Purina uses reasonable efforts to include accurate and up-to-date information in the Site, Purina makes no warranties or representations as to its accuracy. Purina assumes no liability or responsibility for any errors or omissions in the content of the Site.
3. Your use of and browsing in the Site are at your risk. Neither Purina nor any other party involved in creating, producing or delivering the Site is liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, the Site. Without limiting the foregoing, everything on the Site is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. Purina also 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, or browsing in the Site or your downloading of any materials, data, text, images, video or audio from the Site.
4. Any communication or material you transmit or post to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, stories, homepages, or the like is, and will be treated as, non-confidential and non-proprietary. Purina, or its affiliates, at its sole discretion, and without compensation to you, may use, not use, edit, adapt, modify or discontinue the use of any communication or material you post to the site for any purpose whatsoever including, but not limited to, disclosure, transmission, reproduction, distribution, publishing, broadcasting, or posting in any medium. Furthermore, Purina, or its affiliates, without compensation to you, is free to use, not use, edit, adapt, modify, or discontinue the use of any ideas, concepts, know-how, or techniques contained in any communication or material you transmit or post to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products.
5. Images of people, animals, or places displayed on the Site are either the property of, or used with permission by, Purina. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on the Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.
6. The trademarks, logos and service marks (collectively the "Trademarks") displayed on the Site are registered and unregistered Trademarks of Purina and others. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of the Trademark owner. Your misuse of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that Purina will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
7. Purina has not reviewed all the sites linked to the Site and is not responsible for the content of any other sites linked to the Site. Your linking to any other off-site pages or other sites is at your own risk.
8. Although Purina may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the Site, Purina is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information within such locations on the Site. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate any law. Purina will fully cooperate with any law enforcement authorities or court order requesting or directing Purina to disclose the identity of anyone posting any such information or materials.
9. Software from this Site may be further subject to United States Export laws, rules and regulations, as amended from time to time. No software from this Site may be downloaded or exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, Sudan or any other country to which the United States has embargoed goods; or (ii) anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the software, 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.
10. This Site may from time to time contain information relating to various medical, health and fitness conditions of pets and their treatment. This is for informational purposes only and is not meant to be a substitute for the advice provided by your own veterinarian or other medical professional. You should not use the information contained herein for diagnosing a pet's health or fitness problem or disease. You should always consult your own veterinarian and medical advisors.
11. Purina may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound.
Purina® Pro Plan® VetDirect OM Loyalty Program Terms and Conditions
The Purina® Pro Plan® VetDirect OM Loyalty Program (“Program”) is a loyalty program sponsored by Nestle Purina PetCare Company (“Purina”). Participation in the Program is open only to veterinary clinics in the 50 United States and the District of Columbia that utilize Pro Plan VetDirect (“Participant(s)” or “you”). By participating in the Program, you represent that you (i) are a veterinary clinic, (ii) are located in the 50 United States or D.C., (iii) use Pro Plan VetDirect with clients, and (iv) accept these Program Terms and Conditions (“Terms”).
If you have or create a proplanvetdirect.com clinic account (“Account”) and meet Program participation requirements, you will be automatically enrolled in the Program on or around September 1, 2019. You may un-enroll from the Program by contacting your local Purina Veterinary Consultant (“PVC”). Participation is limited to one (1) Account per veterinary clinic. Participants that have provided a valid email address for use with the Account may be sent electronic statements, information regarding Program benefits, and other materials related to the Account at the discretion of Purina. Participants are responsible for maintaining accurate and updated contact information online at proplanvetdirect.com.
The Program begins at 12:00 AM Central Time (CT) on September 1, 2019 and ends at 11:59 PM CT on December 31, 2019 (the “Term”), unless otherwise modified by Purina in its sole discretion.
IV. Program Benefits
Participants can earn each of the items described below (“Reward(s)”) by inducing new client enrollment in auto-shipment for any of the following Purina® Pro Plan® Veterinary Diets products (the “Eligible Products”) on www.proplanvetdirect.com (the “Site”), (each an “Enrollment”, collectively “Enrollments”): OM Overweight Management dry canine formula, OM Overweight Management Select Blend Chicken Flavor dry canine formula, OM Overweight Management Select Blend Lamb Flavor dry canine formula, OM Overweight Management in sauce With Chicken canned canine formula, OM Overweight Management dry feline formula, OM Overweight Management With Ocean Whitefish & Chicken in sauce canned feline formula, OM Savory Selects Overweight Management With Chicken in sauce canned feline formula, OM Savory Selects Overweight Management With Turkey in sauce canned feline formula, OM Overweight Management With Salmon in sauce canned feline formula, OM Overweight Management Feline Variety Pack. In order to be credited to your Program Account, new clients must enroll on the Site utilizing the unique sign-up identification code provided by Purina (the “Code”).
V. Reward Issuance
Participants may earn one (1) of each of the following Rewards based upon Enrollments received utilizing the Code during the Term:
- Five (5) Enrollments – Purina® Pro Plan® Veterinary Diets branded treat jar
- Eight (8) Enrollments – Purina® Pro Plan® Veterinary Diets branded weight scale mat
- Twelve (12) Enrollments - $100 Panera Bread® gift card
- Twenty (20) Enrollments – Apple® iPad mini® mobile digital device
The sale or transfer of Rewards is prohibited. No cash equivalent will be offered except in Purina’s sole discretion. Rewards may be subject to limited availability. If a Reward becomes unavailable or cannot be fulfilled, Purina, in its sole discretion, reserves the right to replace the item with an item of equal or greater value. Rewards will be delivered within 6-8 weeks after Term.
Rewards are awarded on an “AS IS” and “AS AVAILABLE” basis. Any Rewards depicted in promotional materials or otherwise in connection with the Program are for illustrative purposes only and may not represent the actual Rewards available. Purina makes no warranty with respect to any Reward or any part thereof. Lost, stolen or expired Rewards are not replaceable. Rewards are void where prohibited by law. Purina or its representatives will report the value of the Reward as required by law. Any applicable taxes are the sole responsibility of Participant.
Panera Bread® is a registered trademark of Panera. Apple® and iPad mini® are registered trademarks of Apple Inc. This Program is in no way sponsored, endorsed or administered by, or associated with, Panera or Apple Inc.
VI. Modification of Terms
Program participation and its benefits are offered at the sole discretion of Purina. Purina reserves the right to amend or modify the Program or any of its Terms, features or benefits at any time and in any way without notice to you, even though these changes may affect your ability to earn a Reward.
Purina may change these Terms as described herein by posting the updated Terms at https://www.proplanvetdirect.com/terms-and-conditions. Your continued participation in the Program will constitute your acceptance of such changes. You should therefore periodically visit the page to review the then-current Terms to which you are bound.
VII. Termination of Program
Purina reserves the right to shorten, suspend, modify, and/or terminate the Program, in whole or in part, at any time, for any reason or no reason, with or without prior notice to Participants. Purina may, at its sole discretion, extend the Program beyond the Term set forth above. In the event Purina does extend the Program, Purina shall give conspicuous notice prior to the date that such extension becomes effective. Participants who continue to participate in the Program after the extension agree to be bound by the Terms then in effect at the time of Program extension.
VIII. Disclaimer of Warranties/Release of Liability
Purina, its parent company, subsidiaries and affiliated entities, and their respective officers, directors, employees, and agents (the "Released Parties") make no warranty, express or implied, including, but not limited to, any warranties of merchantability or fitness for a particular purpose with respect to the Program, participation in the Program, or any products, services or Rewards related to the Program, which are provided on an “AS-IS” and “AS AVAILABLE” basis. Purina expressly disclaims any representation or warranty that the Program, including but not limited to the tracking of Enrollments, will be error-free. Purina further disclaims any warranty as to the accuracy, completeness and timeliness of any content or information distributed in connection with the Program.
By participating in the Program, each Participant hereby releases the Released Parties from and against any and all injuries, claims, damages, losses, liabilities, and other expenses (including, without limitation, attorney’s fees), whether based in contract, tort, strict liability or otherwise, arising out of or in any way relating to the performance or non-performance of any component of the Program, as well as Participant’s participation in the Program, use of Rewards, or agreement to these Terms, to the extent permitted by applicable law.
This disclaimer of warranties and release of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of your registration information, whether for breach of contract, tortious behavior, negligence, or under any other cause of action.
SOME STATES DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES AND/OR LIMITATION OF LIABILITY, SO THE ABOVE PROVISIONS MAY BE LIMITED IN THEIR APPLICABILITY TO YOU.
IX. Additional Terms
a) Participation in the Program constitutes permission for Purina and its designees to use your name, clinic name, biographical information, and/or statements about the Program for advertising, trade, promotional and other purposes in any and all media now or hereafter devised, worldwide, in perpetuity, without additional compensation, notification or permission, unless prohibited by law.
c) Purina shall not (i) be a party to or (ii) participate in any disputes between you and a third party involving Account ownership, Enrollments, Rewards or any other aspect of the Program.
d) Abuse of Program (e.g. failure to follow Program Terms, or the sale or barter of Rewards, products, promotional offers, or other improper conduct), as determined by Purina in its sole judgment may result in a Participant being disqualified from participation in the Program, including forfeiture of previously accrued Enrollments, all to the extent permitted by applicable law. Purina may, at its sole discretion, prosecute abuse of the Program to the fullest extent of the law.
e) Unless otherwise expressly stated or pursuant to a particular Program feature, Enrollments, Rewards and offers are not transferable and may not be combined among Participants. You have no property rights or other legal interests in Enrollments. Enrollments will not transfer by operation of law through such events as an inheritance, bankruptcy or divorce. Enrollments also cannot be assigned or pledged.
f) Purina reserves the right to make promotional offers available to select Participants based on client activity, geographic location, Program participation, and/or information supplied by the Participant. Purina reserves the right to add, withdraw, amend, or otherwise change such offers at any time at its sole discretion, with or without notice to Participants.
g) Determination and payment of tax liability on Reward(s), including income tax, if any, are your sole responsibility.
h) The failure of Purina to comply with the Terms because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state, provincial or local governmental authorities, or for any other reason beyond the reasonable control of Purina, shall not be deemed a breach of the Terms.
i) Dispute Resolution/Choice of Law: Except where prohibited, each Participant agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with this Program shall be resolved individually, without resort to any form of class action, and exclusively by the state courts of the State of Missouri in St. Louis City and St. Louis County, and, if the jurisdictional prerequisites exist, the United States District Court for the Eastern District of Missouri; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Program, but in no event attorneys’ fees; and (c) under no circumstances will Participant be permitted to obtain awards for, and Participant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms, or the rights and obligations of the Participant and Released Parties in connection with the Program, shall be governed by, and construed in accordance with, the laws of the State of Missouri without giving effect to any choice of law or conflict of law rules (whether of the State of Missouri or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Missouri. Participant and Released Parties consent to and waive any objection to the personal jurisdiction and venue of said courts, and, further, consent to the service of legal process in accordance with the rules of said courts.
j) Purina reserves the right to interpret and apply the Terms of the Program in its sole discretion, subject to applicable law. All determinations by Purina will be final and conclusive in each case. Purina’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Purina in writing.
k) These Terms, together with those items made a part of these Terms by reference, make up the entire agreement between Purina and Participant relating to the Program, and replace any prior understandings or agreements (whether oral or written) regarding the Program. If a court finds any of these Terms to be unenforceable or invalid, said term(s) will be enforced to the fullest extent permitted by applicable law and the other Terms will remain in full force and effect.
l) In the event of any discrepancy or inconsistency between these Terms and disclosures or other statements contained in any Program-related materials, including, but not limited to, any sales materials, television, print or online advertising, and/or any instructions or interpretations of these Terms given by any representative of Purina, the terms and conditions of these Terms shall prevail, govern and control to the fullest extent permitted by law.