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 * Dog
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FOOD

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    * Dog
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   FOOD
   
    * Dry Food
    * Wet Food
    * Veterinary Diets
    * Premium Food
    * Fresh & Prepared Meals
      
    * Shop all
   
   
   TREATS
   
    * Soft & Chewy Treats
    * Dental Treats
    * Biscuits, Cookies & Crunchy Treats
    * Bones & Natural Chews
    * Bully Sticks
      
    * Shop all
   
   
   SUPPLIES
   
    * Toys
    * Healthcare
    * Vitamins & Supplements
    * Cleaning & Potty
    * Crates, Pens & Gates
    * Beds
    * Leashes, Collars & Harnesses
    * Bowls & Feeders
    * Grooming
    * Flea & Tick
    * Clothing & Accessories
      
    * Shop all
   
   
   POPULAR BRANDS SHOP ALL
   
   
   
   summer essentials. paws up for summer. get gear to explore and stay cool
 * pharmacy
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CHEWY TERMS OF USE

LAST UPDATED: NOVEMBER 29, 2021

Chewy, Inc. and its affiliates and subsidiaries (hereinafter “Chewy”) welcome
you to Chewy.com.  By clicking or tapping “Sign In”, “Create Account”, “Place
Order” or entering or otherwise using our website, www.chewy.com, our blogs such
as BeChewy, our related websites such as Petmd.com, or our mobile applications
(collectively the "Site"), you agree to and accept these terms and conditions
that govern your use of the Site (the “Terms of Use” or “Terms”). Certain
products, programs and services on our Site (the “Products”) may have additional
terms and conditions that apply (for example, if you subscribe to our Autoship &
Save subscription program, you also will be subject to the Autoship & Save Terms
and Conditions) and are incorporated in these Terms. If these Terms of Use are
inconsistent with terms applicable to a certain product or service, those other
terms will control.

BY ACCESSING AND/OR USING THE SITE, YOU REPRESENT AND WARRANT THAT YOU HAVE THE
RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THE TERMS AND TO ABIDE BY ALL OF
THE REQUIREMENTS SET FORTH HEREIN. YOU MAY NOT ACCESS OR USE THIS SITE OR ACCEPT
THESE TERMS OF USE UNLESS YOU ARE AT LEAST 18 YEARS OLD.

ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE A LITTLE LATER ON.
YOU AND CHEWY AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY
BINDING ARBITRATION, AND YOU AND CHEWY WAIVE ANY RIGHT TO PARTICIPATE IN A
CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

PRIVACY POLICY

Please review our Privacy Policy, which also governs your use of our Site and is
incorporated in these Terms, to understand our practices.

ELECTRONIC COMMUNICATIONS

When you use our Site, or send e-mails, text messages, use video calling and
other communications from your desktop or mobile device to us, you are
communicating with us electronically. You consent to receive communications from
us electronically, such as e-mails, texts, mobile push notices, or notices and
messages on this Site, and you can retain copies of these communications for
your records. You agree that all agreements, notices, disclosures, and other
communications that we provide to you electronically satisfy any legal
requirement that such communications be in writing. Where required by applicable
law, we will seek express prior written consent for marketing text messages or
calls to you.

ACCOUNTS

In order to use certain features of the Site and make purchases on the Site, you
must register for an account with Chewy ("Chewy Account") and provide certain
information about yourself as prompted by the Site registration form. You
represent and warrant that: (a) all required registration information you submit
is truthful and accurate; (b) you will maintain the accuracy of such information
and update it as necessary; and (c) your use of the Site does not violate any
applicable law or regulation or these Terms.

You are responsible for maintaining the confidentiality of your Chewy Account
login information. You are fully responsible for all activities that are
associated with your Chewy Account (including but not limited to any purchases,
posting reviews or other use of the Site). You agree to keep your username and
password information confidential and not share it with anyone. You agree to
immediately notify Chewy of any unauthorized use or suspected unauthorized use
of your Chewy Account or any other actual or potential breach of security.

ORDER ACCEPTANCE

The receipt of an order number or an email order confirmation does not
constitute the acceptance of an order or confirmation of an agreement to sell.
Chewy reserves the right, without prior notification, to limit the order
quantity on any item and/or to refuse service to any customer. Verification of
information may be required prior to the acceptance of an order. Prices and
availability of Products are subject to change without notice. Errors will be
corrected when discovered and Chewy reserves the right to revoke any stated
offer and to correct any error, inaccuracy, or omission (including after an
order has been submitted). Certain orders constitute improper use of the Site.
Chewy reserves the right, at its sole discretion, to refuse or cancel any order
for any reason. Your Chewy account may also be restricted or terminated for any
reason, at Chewy's sole discretion.

RISK OF LOSS AND SHIPPING AND DELIVERY

All items purchased from Chewy are made pursuant to a shipment contract with a
shipping carrier. This means that the risk of loss and title for such items pass
to you upon delivery of the Products to the carrier. Products will be shipped to
the address designated by you, if applicable, so long as such address is
complete and complies with any shipping restrictions contained on the Site. The
time and location of delivery of the Products to you is at the discretion of the
carrier.

PRODUCT DESCRIPTIONS

Chewy attempts to be as accurate as possible. However, Chewy does not warrant
that Product descriptions, depictions, colors, dimensions, ingredient lists or
other content on the Site are accurate, complete, reliable, current or
error-free. If a Product offered by Chewy is not as described, your sole remedy
is to return the Product. Call us at 1-800-672-4399 or send an email
to service@chewy.com for return information.

REFERENCE PRICING

From time-to-time, we may provide additional value to customers by advertising a
discount off a "List” price or "Was” price shown with a strikethrough. For
example:

List: $13.99, Price $12.99

Was: $14.10, Price: $12.99

 * "List” price means the suggested retail price of a Product as provided by a
   manufacturer, supplier or other retailers (and with respect to RX products,
   veterinarians). It is not necessarily an actual price that was or is
   available elsewhere, either in the market generally or on the Site. 
 * "Was” price is determined using recent price history of the Product on the
   Site. In particular, we calculate the “Was” price based on pricing available
   for the Product on the Site during at least 30 of the 90 days before we
   advertise a “Was” price.

PRICING

Chewy cannot confirm the price of an item until you submit an order. If you use
Autoship, the price of an item will be set at the time the order is processed
(see Autoship & Save Terms and Conditions for more information). Despite our
diligent efforts, it is possible that Products in our catalog may be mispriced.
If the correct price of a Product is higher than our stated price, we will, at
our discretion, either contact you for instructions before shipping or cancel
our order and notify you of such cancellation. By confirming your purchase at
the end of the checkout process, you agree to accept and pay for the Products as
well as all shipping and handling charges and applicable taxes. Chewy will
collect and remit sales tax as required by law.

AUTOSHIP & SAVE

By selecting Autoship on eligible items on the Site, you agree to the Autoship &
Save Terms and Conditions applicable to our subscription ordering program.

CHEWY EGIFT CARDS

By purchasing an eGift Card, you agree to our Gift Card Terms and Conditions.
eGift Cards are emailed to recipients within one hour after you place your
order. There’s no expiration date or hidden fees on eGift Cards. You can redeem
one Chewy eGift Card per order. eGift Cards are not returnable, refundable or
redeemable for cash except as required by law. eGift Cards cannot be purchased
with coupons, promotional offers or other Chewy eGift Cards. Use eGift Cards to
shop on the Site. Issued by Chewy Promotions, LLC.

PERMISSIBLE USES OF THE SITE

Subject to these Terms of Use, Chewy grants you a limited, non-transferable,
non-exclusive, license to access and make personal use of the Site. This license
does not include the right to access or use the Site for any of the restricted
purposes set forth below. Chewy may terminate this license at any time for any
reason.

The rights granted to you are subject to the following restrictions: (a) you
shall not use the Site to place an order for resale on behalf of yourself or a
third party for resale by that or another third party—we reserve the right to
cancel bulk purchases in our sole discretion; (b) you shall not license,
sublicense, reproduce, sell, rent, lease, transfer, assign, distribute, host, or
otherwise commercially exploit the Site, its Products or its content without the
express written consent of Chewy; (c) you shall not modify, make derivative
works of, disassemble, reverse compile or reverse engineer any part of the Site;
(d) you shall not access the Site in order to build a similar or competitive
service, or to download, copy or collect content or account information for the
benefit of another third party, including for purposes of resale of any of the
Products; (e) except as expressly stated herein, no part of the Site may be
copied, reproduced, distributed, republished, downloaded, displayed, posted or
transmitted in any form or by any means without Chewy's express written consent;
and (f) you shall not frame or utilize framing techniques to enclose any
trademark, logo, or other proprietary information or content (including images
and text descriptions) of the Site without Chewy's express written consent.

Chewy reserves the right, at any time, to modify, suspend, or discontinue the
Site or any part thereof with or without notice. You agree that Chewy will not
be liable to you or to any third party for any modification, suspension, or
discontinuance of the Site or any part thereof.

INTELLECTUAL PROPERTY RIGHTS

The Site contains valuable trademarks and service marks owned, controlled or
used by or licensed to Chewy, including but not limited to, Chewy, the Chewy
design logo, the tag line "where pet lovers shop" and certain brands including
Tylee's, Dr. Lyons, Frisco, American Journey, Tiny Tiger, True Acre Foods,
OnGuard and Landmark (collectively, the "Marks"). Any use of the Marks without
the prior written permission of Chewy is strictly prohibited. The arrangement
and layout of the Site including but not limited to, the Marks, images, text,
graphics, buttons, screenshots, and other content or material are the sole and
exclusive property of Chewy.

UNAUTHORIZED COPYING, REPRODUCTION, MODIFYING, REPUBLISHING, UPLOADING,
DOWNLOADING, POSTING, TRANSMITTING, MAKING DERIVATIVE WORKS OF OR DUPLICATING
ALL OR ANY PART OF THE SITE IS PROHIBITED.

Chewy uses a network of independent product and content suppliers, distributors,
veterinarian clinics and other third parties to supply some of the Products and
content advertised on the Site. All other trademarks, service marks, product
names, package designs and company names or logos associated with these
Products, and other such third parties, that are not owned by us but that appear
on the Site are the property of their respective owners.

CONNECT WITH A VET PROGRAM - LIMITATIONS REGARDING INFORMATION, ARTICLES AND
ADVICE

Connect with a Vet is a feature that may not be available to all Chewy
customers. Through our Connect with a Vet Program, as well as other resources
available on the Site, Chewy offers information, articles and advice to pet
parents for educational purposes only. Chewy is not a licensed veterinary
practice and any information offered through this Site or in the course of
communications as part of teletriage services is not intended to diagnose, treat
or cure your pet and is not a substitute for veterinary care provided by a
licensed veterinarian. For any medical or health related advice concerning the
care and treatment of your pet, contact your veterinarian or local animal
hospital.

USER CONTENT

"User Content" of the Site’s user means any and all information and content,
including photographs, that such user submits to Chewy by any means, including
through social media (e.g., Facebook, YouTube, Instagram, Pinterest, Twitter),
uses with the Site (e.g., a user profile, product review, question & answer), or
when you otherwise interact with Chewy (e.g., when you call customer service,
send us emails). You are solely responsible for your User Content. You assume
all risks associated with use of your User Content, including any reliance on
its accuracy, completeness or usefulness by others, or any disclosure of your
User Content that makes you or any third party personally identifiable. You
hereby affirm, represent, and warrant that (a) you own, or have the necessary
licenses, rights, and/or consents to use your User Content with the Site as
described herein and (b) your User Content does not violate the Acceptable Use
policy in these Terms. You may not state or imply that your User Content is in
any way provided, sponsored, or endorsed by Chewy. Because you alone are
responsible for your User Content (and not Chewy), you may expose yourself to
liability if, for example, your User Content violates the Acceptable Use policy.
Chewy is not obligated to backup any User Content, makes no representation that
it will do so, and you agree that Chewy may delete User Content at any time.

By submitting your User Content or using it with the Site , you automatically
grant, and you represent and warrant that you have the right to grant, to Chewy
an irrevocable, nonexclusive, royalty-free and fully paid worldwide license to
reproduce, distribute, publicly display and perform, prepare derivative works
of, incorporate into other works, and otherwise use your User Content, and to
grant sublicenses of the foregoing, solely for the purposes of including your
User Content in the Site, Chewy social media platforms or marketing or
promotional initiatives. You agree to irrevocably waive (and cause to be waived)
any claims and assertions of publicity or moral rights, or attribution with
respect to your User Content.

Chewy will treat any feedback, communications, or suggestions you provide to
Chewy as non-confidential and non-proprietary subject to the limits of
applicable law and our Privacy Policy. Thus, in the absence of a written
agreement with Chewy to the contrary, you agree that you will not submit to
Chewy any information or ideas that you consider to be confidential or
proprietary.

Because we do not control User Content, you acknowledge and agree that we are
not responsible for any User Content and we make no guarantees regarding the
accuracy, currency, suitability, or quality of any User Content, and we assume
no responsibility for any User Content. Your interactions with other Site users
are solely between you and such user. You agree that Chewy will not be
responsible for any loss or damage incurred as the result of any such
interactions. If there is a dispute between you and any Site user, we are under
no obligation to become involved.

ACCEPTABLE USE POLICY

In connection with your use of the Site and interactions with Chewy and its
employees and users, you agree not to collect, upload, transmit, display,
communicate by email, telephone or electronically, or distribute any User
Content (a) that violates any third-party right, including any copyright,
trademark, patent, trade secret, moral right, privacy rights, right of
publicity, or any other intellectual property or proprietary right; (b) that is
unlawful, harassing, abusive, tortious, threatening, harmful, abusive, invasive
of another's privacy, vulgar, defamatory, false, intentionally misleading, trade
libelous, pornographic, obscene, patently offensive (e.g., material that
promotes racism, bigotry, hatred, or physical harm of any kind against any group
or individual) or otherwise objectionable material of any kind or nature or
which is harmful to minors in any way; or (c) in violation of any law,
regulation, or obligations or restrictions imposed by any third party.

In addition, you agree not to use the Site to: (a) upload, transmit, or
distribute any computer viruses, worms, or any software intended to damage or
alter a computer system or data; (b) send unsolicited or unauthorized
advertising, promotional materials, junk mail, spam, chain letters, pyramid
schemes, or any other form of duplicative or unsolicited messages, whether
commercial or otherwise; (c) harvest, collect, gather or assemble information or
data regarding other users, including e-mail addresses, without their consent;
(d) interfere with or disrupt servers or networks connected to the Site or
violate the regulations, policies or procedures of such networks; (e) attempt to
gain unauthorized access to the Site, other computer systems or networks
connected to or used together with the Site, through password mining or other
means; (f) harass or interfere with another user's use and enjoyment of the
Site; (g) purchase Products for resale.

We reserve the right (but have no obligation under these Terms of Use) to review
any User Content, investigate, and/or take appropriate action against you, at
our sole discretion, if you violate the Acceptable Use Policy or any other
provision of these Terms, including removing or modifying your User Content,
terminating your Chewy Account, and/or reporting you to law enforcement
authorities. We may also remove or modify your User Content if it, in our sole
judgment, violates the rights of, harms, or threatens the safety of any other
person, or creates liability for us or any other person. In order to cooperate
with legitimate governmental requests, subpoenas or court orders, or to protect
our business and members, we may access and disclose any information we consider
necessary or appropriate, including your Chewy Account username and password,
Internet Protocol (IP) address and traffic information, usage history, and your
User Content.

THIRD PARTY SITES AND OTHER USERS

The Site may contain links to, or advertisements for, third party web sites
(collectively, "Third Party Sites") (for example, social media sites such as
Facebook, YouTube, Twitter, or Pinterest). Such Third Party Sites are not under
the control of Chewy and Chewy is not responsible for any Third Party Sites.
Chewy provides links to these Third Party Sites only as a convenience and does
not review, approve, monitor, endorse, warrant, or make any representations with
respect to Third Party Sites. You agree that you use all Third Party Sites at
your own risk. When you link to a Third Party Site, the applicable service
provider's terms and policies, including privacy and data gathering practices
govern. You should make whatever investigation you feel necessary or appropriate
before proceeding with any transaction with any Third Party Site.

You hereby release us, our officers, employees, agents, affiliates,
subsidiaries, parents, joint ventures, successors and any other companies under
common control with us from claims, demands any and all losses, damages, rights,
claims, and actions of any kind including personal injuries, death, and property
damage, that are either directly or indirectly related to or arise out of any
interactions with or conduct of other Site users or Third Party Sites.

SHELTERS AND RESCUES NETWORK PROGRAM

By joining our Shelters and Rescues Network Program (“S&R Program”) or otherwise
participating in, or applying to participate in, the S&R Program, you agree to
at all times comply with the Terms of Use and all S&R Program policies,
schedules, guidelines, and other documents and materials referenced in these
Terms of Use or otherwise posted on the S&R Program section of the Site from
time to time (collectively, the “S&R Program Policies”).

We reserve the right to reject or suspend your S&R Program registration and/or
participation in the S&R Program if any requested information is inaccurate,
incomplete or if you are otherwise not in compliance with the S&R Program
Policies. If your registration application is accepted, your charitable
organization will be a “Registered Organization” for as long as all of your
registration information is current and complete and you continue to be an
Eligible Organization. “Eligible Organizations” are those charitable
organizations that we determine:

 1. are qualified under Section 501(c)(3) of the U.S. Internal Revenue Service
    Code;
 2. are public charitable organizations and not private foundations;
 3. are not supporting organizations, unless identified specifically as Type I,
    Type II, or functionally integrated Type III supporting organizations (as
    defined in the U.S. IRS Code);
 4. are headquartered in the United States (the 50 states and the District of
    Columbia);
 5. are in good standing in their state of incorporation and in the states where
    they are authorized to do business;
 6. are operating an animal rescue, shelter or sanctuary for unwanted,
    abandoned, abused, or stray animals;
 7. do not engage in, support, encourage, or promote:

 * intolerance, discrimination or discriminatory practices based on race, sex,
   religion, nationality, disability, sexual orientation, or age;

 * hate, terrorism, or violence;

 * money laundering;

 * other illegal, deceptive, or misleading activities;

 * do not promote itself, Chewy, animal welfare, or otherwise in a negative way;
   and

 * are otherwise not in violation of the terms of the S&R Program Policies.

You consent to us sending you notifications (if any), approvals (if any), and
other communications relating to the S&R Program, including the S&R Program
Policies to the email address then-currently associated with your S&R Program
account. You will be deemed to have received all notifications, approvals, and
other communications sent to that email address, even if the email address
associated with your account is no longer current. You will ensure that all
information you provide to us, including your S&R Program application
information, email address, and other contact information, is at all times
complete, accurate, and up-to-date, and agree that failure to keep such
information up to date may result in you no longer being a Registered
Organization.

You can only promote or link to the S&R Program site on your website,
user-generated content published through a social media account or page, offline
mailings, or email correspondence and can only use such of our trademarks or
logos, or other content we may make available to you, in all cases in accordance
with all S&R Program Policies. You are solely responsible for your site and
participation in the S&R Program, your organization, and actions taken by you or
on your behalf. We will have no liability for these matters, and you agree to
defend, indemnify, and hold us and our affiliates and licensors, and our and
their respective employees, officers, directors, and representatives, harmless
from and against all claims, damages, losses, liabilities, costs, and expenses
(including attorneys' fees) relating to these matters. With respect to any
emails, social media posts, mailings and other communications you send (or cause
to be sent) in connection with the S&R Program, you acknowledge that you are the
originator and sender for all purposes (including under the CAN-SPAM Act of 2003
and all similar laws).

You acknowledge and agree that any Products provided to you by Chewy or our
customers, either through a “wish-list”, donation or otherwise (the “Provided
Products”), are intended to be charitable in nature and directly benefit the
animals under your care or supervision in accordance with your charitable
mission. As such, you agree that the Provided Products will be used or consumed
solely by in furtherance of your charitable mission, and will not be resold,
remarketed or otherwise transferred to any other party.

You acknowledge and agree that we may or may cause others to publicly disclose
(including through a government filing, press release, interview, or any other
public statement) the amount of donations provided to you (individually and/or
collectively with other charitable organizations) in connection with the S&R
Program. Except as expressly permitted by us in writing, you will not issue any
press release or make any other public communication with respect to your
participation in the S&R Program.

You acknowledge and agree that we may or may cause others to publicly disclose
(including through a government filing, press release, interview, or any other
public statement) the amount of donations provided to you (individually and/or
collectively with other charitable organizations) in connection with the
Program. Except as expressly permitted by us in writing, you will not issue any
press release or make any other public communication with respect to your
participation in the S&R Program.

Either you or we may terminate your participation in the S&R Program at any
time, with or without cause, by giving the other party notice of termination,
which for your termination notice will require a written request to be removed
from the S&R Program, and for our termination notice may include making a notice
available for your review on the S&R Program Site or providing email to the
email address then-currently associated with your S&R Program account. We also
reserve the right, in our sole discretion, to cancel or otherwise terminate the
S&R Program at any time.

DISCLAIMER OF WARRANTIES

Chewy intends for the information and data contained in the Site to be accurate
and reliable but since the information and data have been compiled from a
variety of sources, they are provided 'AS IS' and "AS AVAILABLE". You expressly
agree that your use of the Site and any information contained therein is at your
sole risk. NEITHER CHEWY NOR ITS THIRD PARTY SERVICE PROVIDERS, CONTRACTORS,
PARTNERS, SUPPLIERS OR AFFILIATES WARRANT THE ACCURACY, OR COMPLETENESS OF THE
CONTENT PROVIDED ON THIS SITE OR THE PRODUCTS OR SERVICES OFFERED FOR SALE ON
THIS SITE. WE CANNOT AND DO NOT WARRANT THAT YOUR USE OF THIS SITE WILL BE
UNINTERRUPTED, SECURE OR ERROR FREE. Accordingly, to the extent permitted by
applicable law, Chewy EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT,
ACCURACY, MERCHANTABILITY AND FITNESS FOR A PURPOSE, AND ANY WARRANTIES THAT MAY
ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Some
jurisdictions do not allow the disclaimer of warranties so such disclaimers may
not apply to you.

LIMITATION ON LIABILITY

IN NO EVENT SHALL CHEWY, OUR OFFICERS, EMPLOYEES, AGENTS, AFFILIATES,
SUBSIDIARIES, PARENTS, JOINT VENTURES, SUCCESSORS AND ANY OTHER COMPANIES UNDER
COMMON CONTROL WITH US, ANY INDEPENDENT CONTRACTORS, OR THIRD PARTY
VETERINARIANS (“CHEWY GROUP”), BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST
PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR
PUNITIVE DAMAGES ARISING FROM OR IN ANY WAY RELATED TO YOUR RELATIONSHIP WITH
CHEWY GROUP, YOUR USE OF THE SITE, PRODUCTS, OR THIRD PARTY SITES, OR YOUR
INTERACTION WITH OR RELIANCE ON ANY ADVICE FROM ANY SUCH PERSON OR ENTITY EVEN
IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE
OF, THE SITE, PRODUCTS AND THIRD PARTY SITES AND ANY INTERACTIONS WITH OR
RELIANCE ON ADVICE FROM ANY SUCH PERSON OR ENTITY ARE AT YOUR OWN DISCRETION AND
RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE IN CONNECTION THEREWITH
INCLUDING BUT NOT LIMITED TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING
THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR
LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR IN ANY WAY RELATED TO YOUR
RELATIONSHIP WITH CHEWY GROUP, ANY INTERACTIONS WITH OR RELIANCE ON ADVICE FROM
ANY SUCH PERSON OR ENTITY, OR THESE TERMS (FOR ANY CAUSE WHATSOEVER AND
REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE
GREATER OF (A) FIFTY US DOLLARS ($50) OR (B) AMOUNTS YOU'VE PAID CHEWY IN THE
PRIOR 12 MONTHS. WE AGREE THAT ANY CLAIM BETWEEN US MUST BE BROUGHT WITHIN TWO
(2) YEARS OF THE EVENT(S) GIVING RISE TO SUCH CLAIM.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY
NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM
JURISDICTION TO JURISDICTION.

INDEMNITY

You agree to indemnify and hold Chewy Group harmless, including costs and
attorneys' fees, from any claim or demand made by any third party due to or
arising out of (a) your use of the Site or Products, (b) your User Content, (c)
your violation of these Terms, or (d) your interaction with such independent
contractors or reliance on any advice provided by them. Chewy Group reserves the
right, at your expense, to assume the exclusive defense and control of any
matter for which you are required to indemnify us and you agree to cooperate
with our defense of these claims. You agree not to settle any matter without the
prior written consent of Chewy. Chewy will use reasonable efforts to notify you
of any such claim, action or proceeding upon becoming aware of it.

DISPUTE RESOLUTION AND AGREEMENT TO INDIVIDUAL ARBITRATION

EXCEPT FOR A CLAIM THAT MAY BE BROUGHT IN SMALL CLAIMS COURT, YOU AND CHEWY
AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO
PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM.
OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO
DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.

Covered Disputes and Arbitration Requirement.  Any and all disputes between you
and Chewy, including disputes arising from or relating to the Site, these Terms
of Use, the Privacy Policy, Autoship & Save Terms and Conditions, Gift Card
Terms and Conditions and any other terms and conditions that may apply to our
Site and/or Products, programs and services and their interpretation or the
breach, termination or validity thereof, any purchase on the Site,
communications between you and Chewy, the reliance on any advice provided by
independent contractors or third party veterinarians in connection with the
Site, or any Products or promotions provided by Chewy, including disputes about
the validity, scope or enforceability of this arbitration provision
(collectively, "Covered Disputes") will be settled by binding arbitration
administered by the American Arbitration Association (“AAA”) under the AAA's
Consumer Arbitration Rules in effect on the date the claim was filed, available
at www.adr.org or by calling the AAA at 800-778-7879.  This arbitration
agreement applies to any and all disputes occurring before or after this
agreement and supersedes our previous arbitration agreements.  The arbitrator
will have the power to grant whatever relief would be available in court under
law or in equity, including public injunctive relief, and any award of the
arbitrator(s) will be final and binding on each of the parties and may be
entered as a judgment in any court of competent jurisdiction. Notwithstanding
the above, you or Chewy can bring any individual claim in small claims court
consistent with the jurisdictional limitations of such court.

Governing Law.  For purposes of this section, these Terms of Use and related
transactions will be subject to and governed by the Federal Arbitration Act, 9
U.S.C. sec. 1-16 (“FAA”). To the extent state law applies to any portion of a
proceeding brought by you or us, the applicable law will be the law of the state
of your residence, as determined based on your shipping address on file with
Chewy.

Fees and Costs.   Except for a demand determined by an arbitrator or court to be
frivolous, brought in bad faith, or where the initiating party has failed to
follow the pre-arbitration dispute resolution process below, Chewy will pay the
filing fees for both parties. The AAA consumer rules will otherwise apply to
determine the costs and expenses due from each party.  In addition, if you are
able to demonstrate that the costs of arbitration will be prohibitive as
compared to the costs of litigation, Chewy will pay up to USD $1,000 of your
attorneys’ fees and costs and expenses in connection with the arbitration if the
arbitrator deems the payment of such amount is necessary to prevent the
arbitration from being cost-prohibitive.

Batch Arbitration. To increase the efficiency of administration and resolution
of arbitrations, in the event 100 or more similar individual arbitration demands
presented by or with the assistance or coordination of the same law firm or
organization are submitted to AAA or another arbitration provider (if AAA is
unavailable) against Chewy within a 90-day period (or in otherwise close
proximity), the arbitration provider shall (i) administer the arbitration
demands in batches of 100 demands per batch (to the extent there are fewer than
100 arbitration demands left over after the batching described above, a final
batch will consist of the remaining demands); (ii) designate one arbitrator for
each batch; and (iii) provide for a single filing fee due per side per batch.
You agree to cooperate in good faith with Chewy and AAA to implement such a
“batch approach” or other similar approach to provide for an efficient
resolution of claims, including the payment of single filing and administrative
fees for batches of claims. This “Batch Arbitration” provision shall in no way
be interpreted as authorizing class arbitration of any kind. 

Location.  At your election, the arbitration will take place in the county in
which you reside or, if you choose, by telephone, video conference, or based on
the parties’ written submissions.

Required Pre-Arbitration Dispute Resolution.  Prior to initiating any
arbitration, the initiating party will give the other party at least 60-days'
advanced written notice of its intent to file for arbitration. Chewy will
provide such notice by e-mail to your e-mail address on file with Chewy and you
must provide such notice by e-mail to legal@chewy.com. During such 60-day notice
period, the parties will endeavor to settle amicably by mutual discussions any
Covered Disputes. Failing such amicable settlement and expiration of the notice
period, either party may initiate arbitration. This provision is a precondition
to any arbitration demand, and any party making an arbitration demand must
certify that it has complied with the requirement when filing an arbitration
demand and AAA may not accept any demand without this certification.

CLASS ACTION WAIVER.  CHEWY AND YOU AGREE THAT ANY COVERED DISPUTE HEREUNDER
WILL BE SUBMITTED TO ARBITRATION ON AN INDIVIDUAL BASIS ONLY (EXCEPT AS SET
FORTH IN THE “BATCH ARBITRATION” PROVISION DESCRIBED ABOVE). NEITHER CHEWY NOR
YOU ARE ENTITLED TO ARBITRATE ANY COVERED DISPUTE AS A CLASS, REPRESENTATIVE OR
PRIVATE ATTORNEY ACTION AND THE ARBITRATOR(S) WILL HAVE NO AUTHORITY TO PROCEED
ON A CLASS, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL BASIS (EXCEPT AS SET
FORTH IN THE “BATCH ARBITRATION” PROVISION DESCRIBED ABOVE) . If any provision
of the agreement to arbitrate in this section is found unenforceable, the
unenforceable provision will be severed and the remaining arbitration terms will
be enforced (but in no case will there be a class, representative or private
attorney general arbitration).

Miscellaneous.  Notwithstanding any provision in these Terms to the contrary, we
agree that if Chewy makes any future material change to this dispute resolution
provision, it will not apply to any individual claim(s) for which you had
already provided notice to Chewy. In the event that this arbitration agreement
does not apply to a given dispute, then the parties agree to the exclusive
jurisdiction of the state and federal courts in Broward County, Florida to
resolve such claims.

TERM AND TERMINATION

Subject to this Section, these Terms of Use will remain in full force and effect
while you use the Site. We may (a) suspend your rights to use the Site (as well
as your Chewy Account) or (b) terminate the Terms, at any time for any reason at
our sole discretion, including for any use of the Site in violation of the Terms
or if we believe you are younger than 18. Upon termination of these Terms, your
Chewy Account and right to access and use the Site will terminate immediately.
You understand that any termination of your Chewy Account may involve deletion
of any User Content you may have posted. Chewy will not have any liability
whatsoever to you for any termination of these Terms, including for termination
of your Chewy Account or deletion of your User Content.

The provisions herein related to our intellectual property rights, User Content,
acceptable use, disclaimer of warranties, indemnity, limitation and liability,
and dispute resolution, including individual arbitration together with any other
rights and obligations which by their nature are reasonably intended to survive
such termination, including the end of any other aspect of the relationship
between you and Chewy, including your decision to stop purchasing from Chewy or
the cancellation or end of any participation in any service, program, or
promotion offered by Chewy, will survive any termination of these Terms of Use.

RESPECT FOR COPYRIGHT LAW—DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”)

Chewy respects the intellectual property of others and asks that users of our
Site do the same. Except as authorized above, you are not permitted access or
use of any of Chewy's Intellectual Property without our prior written consent or
the consent of such third party that may own intellectual property with respect
to Products displayed on Site. In connection with our Site, Products, and any
services we offer, we have adopted and reasonably implemented a policy
respecting copyright law that provides for the removal of any infringing
materials and for the termination, in appropriate circumstances, of users of our
Site who are repeat infringers of intellectual property rights, including
copyrights. If you believe that your work has been copied in a way that
constitutes copyright infringement and wish to have the allegedly infringing
material removed from our Site, the following information in the form of a
written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our
designated Copyright Agent:

 1. your physical or electronic signature;
 2. identification of the copyrighted work(s) that you claim to have been
    infringed;
 3. identification of the material on our services that you claim is infringing
    and that you request us to remove;
 4. sufficient information to permit us to locate such material;
 5. your address, telephone number, and e-mail address;
 6. a statement that you have a good faith belief that use of the objectionable
    material is not authorized by the copyright owner, its agent, or under the
    law; and
 7. a statement that the information in the notification is accurate, and under
    penalty of perjury, that you are either the owner of the copyright that has
    allegedly been infringed or that you are authorized to act on behalf of the
    copyright owner.

Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of
material fact (falsities) in a written notification automatically subjects the
complaining party to liability for any damages, costs and attorneys' fees
incurred by us in connection with the written notification and allegation of
copyright infringement.

You may submit your counter notification to Chewy's Copyright Agent by mail or
email as set forth below:

    Chewy DCMA Copyright Agent

    Attn: Legal

    1855 Griffin Road, Suite B-428

    Dania Beach, Florida 33004

    legal@chewy.com

GENERAL

We reserve the right to make changes to our Site at any time, including but not
limited to our Terms, our Privacy Policy, Autoship & Save Terms and
Conditions, Chewy Gift Card Terms and Conditions and any other terms and
conditions that may apply to our Site and/or Products, programs and services.
Each time you use our Site, you should visit and review the then current terms
and policies that apply to your transactions and use of our Site. If you do not
agree to be bound by the then current terms and policies, your sole remedy is
not to use our Site. If any provision of these Terms are deemed invalid, void,
or for any reason unenforceable, any such term shall be deemed severable and
shall not affect the validity and enforceability of any other terms.

Our failure to exercise or enforce any right or provision of these Terms of Use
shall not operate as a waiver of such right or provision. The section titles in
these Terms are for convenience only and have no legal or contractual effect.
The word "including" means including without limitation. If any provision of
these Terms are, for any reason, held to be invalid or unenforceable, the other
provisions of these Terms will be unimpaired and the invalid or unenforceable
provision will be deemed modified so that it is valid and enforceable to the
maximum extent permitted by law. The Terms of Use, and your rights and
obligations herein, may not be assigned, subcontracted, delegated, or otherwise
transferred by you without Chewy's prior written consent, and any attempted
assignment, subcontract, delegation, or transfer in violation of the foregoing
will be null and void. The Terms shall be binding upon assignees.

CONTACT INFORMATION

For questions or concerns about these Terms, including your legal relationship
with Chewy, please contact us at:

    Chewy Legal

    1855 Griffin Road, Suite B-428

    Dania Beach, Florida 33004

    legal@chewy.com

 

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