ZYMOX.COM TERMS AND CONDITIONS 

PKB Animal Health, Inc. and its affiliates and subsidiaries (hereinafter, “PKB AH”) welcomes you to Zymox.com. By clicking or tapping “Sign In,” “Create Account,” “Place Order” or entering or otherwise using our website, www.zymox.com, our other related sites or blogs (collectively referred to hereinafter as the "Site"), you agree to and accept these terms and conditions that govern your use of the Site (hereinafter, the “Terms” or “Terms of Use”). Certain products, programs and services on our Site (hereinafter, the “Products”) may have additional terms and conditions that apply and are hereby incorporated in these Terms. These Terms apply to all users of the Services, including those who purchase products directly through our website and those who purchase products from our authorized distributors. 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.
 

CHANGES TO TERMS OF USE 

We may revise and update these Terms of Use, including any additional terms that are linked from this page, from time to time, in our sole discretion. All changes are effective immediately when we post them. Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page frequently so you may be aware of any changes, as they are binding on you. 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.
 

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 using our Site, 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 may 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.
 
In order to use certain features of the Site and make purchases or use other services on the Site, you may register for an account with PKB AH (hereinafter, "PKB AH Account") or you may proceed with your purchase using our guest checkout. You represent and warrant that: (a) all 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 represent and warrant that you have the right to use any credit card or other means of payment that you provide to us in the PKB AH Account, guest checkout or otherwise. If there is a problem charging your selected payment method in your PKB AH Account, we may charge any other valid payment method associated with your PKB AH Account.
 
You agree not to purchase any goods or services or register a PKB AH Account using a false identity or information or on behalf of someone other than yourself.
 
You are responsible for maintaining the confidentiality of your PKB AH Account login information. You are fully responsible for all activities that are associated with your PKB AH Account (including but not limited to any purchases, posting reviews or other use of the Site). You agree to immediately notify PKB AH of any unauthorized use or suspected unauthorized use of your PKB AH Account or any other actual or potential breach of security.
 

INTELLECTUAL PROPERTY 

When using this Site, you should assume that everything you see or read is copyrighted unless otherwise noted and may not be used except as provided within these Terms of Use. PKB AH 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 PKB AH. However, we take violations of copyright seriously, and will respond to any notice of alleged copyright infringement that complies with applicable law. If you believe any materials accessible on or from the Site operated pursuant to the Terms of Use infringe your copyright, you may request removal of those materials (or access thereto) from the Sites by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (hereinafter, the "DMCA Notice") must include substantially the following:
 
 • Your physical or electronic signature; 
 • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Site, a representative list of such works; 
 • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material, including the relevant Site; 
 • Adequate information by which we can contact you (ie. name, physical address, e-mail address, etc.); 
 • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law; • A statement that the information in the written notice is accurate; 
• A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
 
Our designated Copyright Agent to receive DMCA Notices is:
 
PKB AH Copyright Agent 8727 Shoal Creek Blvd. 
Austin, TX 78757 
888-752-5487
 
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may be considered ineffective. Please be aware that if you knowingly misrepresent material or activity on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
 
All other product names contained in the Site may be trademarks or copyrights of their respective owners. Images of people or places on the Ste are the property of or used with permission by PKB AH or its vendors, suppliers, or partners. Any use or misuse of those trademarks and images except as authorized is expressly prohibited.
 

RELIANCE ON PRODUCT INFORMATION 

We strive to provide accurate and up-to-date information on our website. PKB AH does not guarantee that any errors, inaccuracies or omissions will be corrected and does not assume responsibility for any errors or omissions in the content. You should always consult with your veterinarian before using any of our products on your pet. The material contained in the Site has been checked for accuracy. However, the Site may contain typographical errors or other errors or inaccuracies. PKB AH therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Site from time to time, without prior notice.
 

USER CONTENT 

"User Content" of the Site means any and all information and content, including photographs, that such user submits to PKB AH by any means, including through social media, interaction with the Site, or when you otherwise interact with PKB AH (e.g., calling customer service, chats, email communication, etc.). 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 PKB AH. Because you alone are responsible for your User Content (and not PKB AH), you may expose yourself to liability if, for example, your User Content violates the Acceptable Use policy. PKB AH is not obligated to backup any User Content, makes no representation that it will do so, and you agree that PKB AH 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 PKB AH 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, PKB AH social media platforms, marketing or promotional initiatives or any other business purpose. 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.
 
PKB AH will treat any feedback, communications, or suggestions you provide to us 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 to the contrary, you agree that you will not submit to PKB AH 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 or your interactions with other Site users. You agree that PKB AH 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 PKB AH and its employees and users, you agree not to collect, upload, transmit, display, communicate by email, telephone or electronically, or distribute any User Content that:
 
(a) 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) 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) is 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; or 
(g) purchase any products for resale. 

We reserve the right (but have no obligation under these Terms of Use) at our sole discretion to review any User Content, investigate, and/or take appropriate action against you if you violate the Acceptable Use Policy or any other provision of these Terms, including removing or modifying your User Content, terminating your PKB AH 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 PKB AH 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 and products (collectively, "Third-Party Sites"). Such Third-Party Sites are not under the control of PKB AH and PKB AH is not responsible for any Third-Party Sites. PKB AH may provide 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, shall govern such use. 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, directors, 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.

 

DISCLAIMER OF WARRANTIES 

NEITHER PKB AH NOR ITS AFFILIATES MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITES OR THE CONTENT ON THEM. PKB AH AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITES AND, THE CONTENT ON THEM. PKB AH AND ITS AFFILIATES DO NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE WEBSITES WILL BE CORRECTED. THE SITES AND THE CONTENT ON THEM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
 

LIMITATION OF LIABILITY 

IN NO EVENT WILL PKB AH OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE SITES OR RELATED SERVICES, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITES; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITES, THE SERVICE AND/OR THE CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA OR (V) ANY OTHER MATTER RELATING TO THE SITES, THE CONTENT ON THEM OR PRODUCTS OR SERVICES PURCHASED THROUGH PKB AH OR ITS AFFILIATES OR PARTNERS, EVEN IF PKB AH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
 
IF YOU ARE DISSATISFIED WITH THE SITES, THE CONTENT THEM, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES. PKB AH MAKES NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK OR OTHER INFORMATION HEREIN. FURTHERMORE, NEITHER PKB AH NOR ITS AFFILIATES DO NOT IN ANY WAY ENDORSE ANY INDIVIDUAL DESCRIBED HEREIN. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH INFORMATION.
 

DISPUTE RESOLUTION/ CHOICE OF LAW 

Most customer concerns can be resolved quickly and to the customer’s satisfaction by contacting our customer service department by email at customerservice@petkingbrands.com, or by phone at (888) 752-5487. In the unlikely event that our customer service department is unable to resolve a complaint you may have to your satisfaction (or if we have not been able to resolve a dispute it has with you after attempting to do so informally), you hereby agree to resolve those disputes through binding arbitration or in small claims court, rather than proceeding in a court of general jurisdiction. You further agree that either party (you or PKB AH) may bring claims against the other only in an individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
 
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted even if the arbitral body permits claims to proceed on a class wide basis. For any non-frivolous claim that does not exceed $75,000, we will pay all costs of the arbitration. Moreover, in arbitration you are entitled to recover attorneys’ fees from us to at least the same extent as you would be entitled to in court.
 
You further waive any and all rights and benefits otherwise conferred by any statutory or non- statutory law of any jurisdiction that would purport to limit the scope of a release or waiver. You waive and relinquish all rights and benefits that you have or may have under Section 1542 of the Civil Code of the State of California or any similar provision of the statutory or non-statutory law of any other jurisdiction to the full extent that you may lawfully waive all such rights and benefits.
 
This Agreement is governed by the laws of the State of Texas. If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of this Agreement, all of which will remain in full force and effect.
 

GENERAL PROVISIONS 

We reserve the right to make changes to our Site at any time, including but not limited to our Terms, our Privacy Policy, and any other elements 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. 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 Terms of Use, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without PKB AH’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 

If you have any questions about these Terms, please contact us at:
 
PKB Animal Health, Inc. 
Attn: Customer Support 
8727 Shoal Creek Blvd. 
Austin, TX 78757 
888-752-5487 
customerservice@petkingbrands.com 

Thank you for visiting Zymox.com!