Terms of Use

Product Descriptions

FleaTickWorm strives for accuracy in all product listings. However, we do not guarantee that product descriptions, images, colors, sizes, ingredient lists, or other content on the Site are accurate, complete, reliable, current, or error-free. If a product you purchase does not match its description, your exclusive remedy is to return it. Please contact us at 1-800-672-4399 or email service@fleatickworm.com for return instructions.

Reference Pricing

Periodically, we offer additional value by advertising a discount from a "List" price or a "Was" price, which is displayed with a strikethrough. For instance:

List: $13.99 (struck-through), Price: $12.99

Was: $14.10 (struck-through), Price: $12.99

The "List" price is the suggested retail price provided by a manufacturer, supplier, or other retailers, and in the case of prescription products, by veterinarians. It does not necessarily reflect a price that has been or is currently available elsewhere in the market or on our Site. The "Was" price is determined based on recent price history of the product on our Site. Specifically, the “Was” price reflects pricing available for the product on our Site for at least 30 of the 90 days before a “Was” price is advertised.

Pricing

FleaTickWorm cannot confirm the price of an item until you place an order. For subscribers of our Autoship service, the price is locked in at the time the order is processed (refer to the Autoship Terms and Conditions for more details). Despite our best efforts, there may occasionally be errors in the pricing of products listed in our catalog. If a product's correct price is higher than our listed price, we will, at our discretion, either honor the listed lower price, contact you for instructions before shipping, or cancel your order and inform you of such cancellation. By completing your purchase at checkout, you agree to accept and pay for the products, including all shipping and handling fees and applicable taxes. FleaTickWorm will collect and remit sales tax as mandated by law.

Order Acceptance

Receipt of an order number or an email confirmation from FleaTickWorm.com does not confirm the acceptance of an order or establish a definitive sales agreement. A sale is only finalized upon dispatch of the product. FleaTickWorm.com reserves the right, without prior notice, to limit the quantity of any product ordered and/or to deny service to any customer. Validation of information may be required before the final acceptance of any order. Prices and availability of products are subject to change without prior notice. Any errors will be addressed upon detection, and FleaTickWorm.com reserves the right to withdraw any stated offer or promotion, and to correct any inaccuracies, errors, or omissions (even after an order has been placed). Certain orders may represent an inappropriate use of our Site. FleaTickWorm.com, at its sole discretion, reserves the right to refuse or cancel any order for any reason. Accounts on FleaTickWorm.com may also be restricted or terminated at any time, at the sole discretion of FleaTickWorm.com.

Risk of Loss and Shipping and Delivery

All items purchased from FleaTickWorm.com are made pursuant to a shipment contract with a designated shipping carrier. Consequently, the risk of loss and title for such items transfer to you upon the carrier's delivery of the products. Products will be shipped to the address specified by you, provided that the address is complete and conforms to the shipping restrictions listed on our Site. The specific time and location of delivery of the products are at the discretion of the shipping carrier. The carrier will attempt to deliver the products to your door, but if your front door is not readily accessible, the carrier may deliver the products to an alternative location on your premises at the carrier's sole discretion.

Autoship

By opting for Autoship on eligible items on FleaTickWorm.com, you agree to adhere to the Autoship Terms and Conditions governing our subscription ordering program.

Permissible Uses of the Site

Subject to these Terms of Use, FleaTickWorm.com 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 restricted purposes listed below. FleaTickWorm.com 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 orders intended for resale by you or a third party—FleaTickWorm.com reserves the right, at our sole discretion, to cancel orders that appear to be intended for dealers, resellers, or distributors; (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 explicit written consent from FleaTickWorm.com; (c) you shall not modify, create derivative works from, disassemble, reverse compile, or reverse engineer any part of the Site; (d) you shall not access the Site to build a similar or competitive service, nor download, copy, or collect content or account information for the benefit of a third party, including for resale; (e) except as explicitly 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 explicit written consent from FleaTickWorm.com; (f) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images and text descriptions) of the Site without our explicit written consent; and (g) you may only use the Site as permitted by law.

FleaTickWorm.com reserves the right to modify, suspend, or discontinue the Site or any part thereof at any time with or without notice. You agree that FleaTickWorm.com will not be liable to you or any third party for any modification, suspension, or discontinuance of the Site or any part thereof. Any rights not expressly granted to you in these Terms of Use are reserved and retained by FleaTickWorm.com, its licensors, suppliers, or content providers.

Acceptable Use Policy

In using the Site and interacting with FleaTickWorm.com, its employees, and other users, you agree not to collect, upload, transmit, display, communicate via email, telephone, or electronically, or distribute any User Content that (a) infringes upon the intellectual property rights or other proprietary rights of any third party, including copyrights, trademarks, patents, trade secrets, moral rights, privacy rights, rights of publicity, or any other ownership or proprietary rights; (b) is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of privacy, vulgar, defamatory, false, 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 is otherwise deemed objectionable, including but not limited to harmful to minors; or (c) violates any law, regulation, or third-party obligations or restrictions.

Furthermore, you agree not to use the Site to (a) upload, transmit, or distribute viruses, worms, or any software intended to damage or alter computer systems or data; (b) send unsolicited or unauthorized advertisements, promotional material, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, commercial or otherwise; (c) harvest, collect, gather, or compile information or data about other users, including email addresses, without their consent; (d) interfere with, disrupt, or violate the regulations, policies, or procedures of servers or networks connected to the Site; (e) attempt to gain unauthorized access to the Site, other computer systems, or networks connected to 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 the purpose of resale.

FleaTickWorm.com reserves the right, though not the obligation, 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 account, and/or reporting you to law enforcement authorities. We may also take such actions if your User Content, in our sole judgment, violates the rights of, or could harm or threaten the safety of another person, or creates liability for us or for others. In cooperation with legitimate governmental requests, subpoenas, or court orders, or to protect our business and users, we may access and disclose any information we consider necessary or appropriate, including your account username and password, IP address, traffic information, usage history, and your User Content.

Third Party Sites and Other Users

The Site may include links to, or advertisements concerning, third-party websites and products (collectively, "Third Party Sites"), such as social media platforms like Facebook, YouTube, Twitter, or Pinterest. These Third Party Sites are not under the control of FleaTickWorm.com and we are not responsible for their content or practices. We provide these links merely as a convenience and do not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites. You agree that all interactions with Third Party Sites are at your own risk. When you access a Third Party Site, the terms and policies of that site, including privacy and data collection practices, govern your use. You should conduct whatever investigations you feel necessary or appropriate before engaging in any transactions with these Third Party Sites.

By using our Site, you release FleaTickWorm.com, our officers, employees, directors, agents, affiliates, subsidiaries, parent companies, joint ventures, successors, and any other companies under common control with us from any and all claims, demands, losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that are directly or indirectly related to or arise from your interactions with other users of the Site or any Third Party Sites.

Disclaimer of Warranties

FleaTickWorm.com strives to ensure that the information and data presented on the Site are accurate and reliable; however, since the information and data have been compiled from various 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 FleaTickWorm.com nor its third-party service providers, contractors, partners, suppliers, or affiliates warrant the accuracy, reliability, or completeness of the content provided on this Site or the products or services offered for sale. We cannot guarantee that your use of this Site will be uninterrupted, secure, or error-free. Therefore, to the extent permitted by applicable law, FleaTickWorm.com expressly disclaims all warranties, express or implied, including, but not limited to, implied warranties of title, non-infringement, accuracy, merchantability, and fitness for a particular purpose, and any warranties that may arise from the course of dealing, performance, or usage of trade. The applicability of these disclaimers may vary based on local laws.

Limitation on Liability

IN NO EVENT SHALL FleaTickWorm.com, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUBSIDIARIES, PARENTS, JOINT VENTURES, SUCCESSORS, AND ANY OTHER COMPANIES UNDER COMMON CONTROL WITH US, ANY INDEPENDENT CONTRACTORS, 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 FleaTickWorm.com, YOUR USE OF THE SITE, PRODUCTS, TOOLS, APPLICATIONS, OR THIRD PARTY SITES, OR YOUR INTERACTION WITH OR RELIANCE ON ANY UPDATES OR ADVICE FROM FleaTickWorm.com OR 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, TOOLS, APPLICATIONS, AND THIRD PARTY SITES, AND ANY INTERACTIONS WITH OR RELIANCE ON UPDATES OR ADVICE FROM FleaTickWorm.com OR ANY SUCH PERSON OR ENTITY ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS 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 FleaTickWorm.com, 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 FleaTickWorm.com IN THE PRIOR 12 MONTHS (IF ANY). YOU AGREE THAT ANY CLAIM BETWEEN US MUST BE BROUGHT WITHIN TWO (2) YEARS OF THE EVENT(S) GIVING RISE TO SUCH CLAIM OR THE DATE OF THE RELEVANT PURCHASE, WHICHEVER IS EARLIER.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS 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 FleaTickWorm.com, our officers, directors, employees, agents, affiliates, subsidiaries, parents, joint ventures, successors, and any other companies under common control with us, as well as any independent contractors, harmless from any claim or demand, including reasonable attorneys' fees, 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 interactions with such independent contractors or your reliance on any advice provided by them. FleaTickWorm.com 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 FleaTickWorm.com. FleaTickWorm.com 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 FLEATICKWORM.COM AGREE TO FOREGO 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, MAY ALSO BE UNAVAILABLE OR LIMITED IN ARBITRATION.

Covered Disputes and Arbitration Requirement. All disputes between you and FleaTickWorm.com, whether they arise from or relate to the Site, these Terms of Use, the Privacy Policy, subscription service terms, gift card terms, or any other applicable terms and conditions of our Site and/or its Products, services, and programs—including their interpretation, breach, termination, or validity, any purchases made through the Site, communications with FleaTickWorm.com, or reliance on advice from independent contractors or third-party veterinarians in connection with the Site, or any promotions or products offered (collectively, "Covered Disputes")—will be resolved through binding arbitration. This arbitration will be administered by the American Arbitration Association (“AAA”) under the AAA's Consumer Arbitration Rules in effect at the time the claim is filed, available at www.adr.org or by contacting the AAA at 800-778-7879. This arbitration agreement applies to disputes that occur before or after the adoption of this agreement and supersedes any previous arbitration agreements. The arbitrator has the authority to grant any relief that would be available in a court, including public injunctive relief. Any decision by the arbitrator will be final and binding on all parties and can be entered as a judgment in any court with proper jurisdiction. Notwithstanding the foregoing, either you or FleaTickWorm.com may bring an individual claim in small claims court, provided it falls within the court's jurisdictional limits.

Governing Law. For the purposes of this section, these Terms of Use and any related transactions will be governed by and construed in accordance with the Federal Arbitration Act, 9 U.S.C. sec. 1-16 ("FAA"). Where state law is applicable to any aspects of a proceeding initiated by either you or FleaTickWorm.com, the governing law shall be the law of the state where you reside, as determined by the shipping address you have provided to FleaTickWorm.com.

Fees and Costs. Except in cases where the demand is determined by an arbitrator or court to be frivolous or brought in bad faith, or where the initiating party has not adhered to the pre-arbitration dispute resolution procedures specified below, FleaTickWorm.com will cover the filing fees for both parties. The AAA consumer rules will apply in determining the costs and expenses due from each party. Moreover, if you can demonstrate that the costs of arbitration would be prohibitive compared to the costs of litigation, FleaTickWorm.com will contribute up to USD $1,000 towards your attorneys’ fees and other costs and expenses related to the arbitration, provided that the arbitrator finds such payment necessary to ensure the arbitration is not cost-prohibitive.

Batch Arbitration

To enhance the efficiency of administering and resolving arbitrations, should there be 100 or more similar individual arbitration demands filed by or with the assistance or coordination of the same law firm or organization against FleaTickWorm.com within a 90-day period, or within a closely similar timeframe, the arbitration provider (AAA, or another provider if AAA is unavailable) will implement the following measures: (i) organize the arbitration demands into batches of 100 demands each (with any remaining demands after such batching forming a final batch, regardless of number); (ii) appoint one arbitrator per batch; and (iii) require a single filing fee per side for each batch. You agree to cooperate in good faith with FleaTickWorm.com and the arbitration provider to facilitate this “batch approach” or a similar method to ensure efficient resolution of claims, including the consolidation of filing and administrative fees for batches of claims. This provision for "Batch Arbitration" is not to be construed as permitting class arbitration in any form.

Location. The arbitration will take place in Wilmington, New Castle County, Delaware. Alternatively, you may choose for the arbitration to occur via telephone, video conference, or through written submissions based on the agreement of the parties involved. Other than arbitration, any dispute or claim relating in any way to your use of any FleaTickWorm.com service will be adjudicated in the state or Federal courts in Wilmington City, New Castle County, Delaware, and you consent to exclusive jurisdiction and venue in these courts. We each waive any right to a jury trial.

Required Pre-Arbitration Dispute Resolution. Before initiating any arbitration, the initiating party must provide the other party with at least 60 days' advanced written notice, along with any supporting documents and information, of its intent to file for arbitration. FleaTickWorm.com will deliver such notice by email to your email address on record, and you must provide such notice by email to info@fleatickworm.com. During this 60-day notice period, both parties will attempt to resolve any Covered Disputes amicably through mutual discussions. If the dispute is not resolved amicably by the end of the notice period, either party may proceed to initiate arbitration. This step is a mandatory precondition for filing an arbitration demand, and the party initiating arbitration must certify compliance with this requirement when submitting an arbitration demand. The American Arbitration Association (AAA) may refuse to accept an arbitration demand that lacks this certification.

CLASS ACTION WAIVER. FLEATICKWORM.COM AND YOU AGREE THAT ANY COVERED DISPUTE WILL BE SUBMITTED TO ARBITRATION ON AN INDIVIDUAL BASIS ONLY (EXCEPT AS OUTLINED IN THE "BATCH ARBITRATION" PROVISION DESCRIBED ABOVE). NEITHER FLEATICKWORM.COM NOR YOU ARE ENTITLED TO ARBITRATE ANY COVERED DISPUTE AS A CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION, AND THE ARBITRATOR(S) SHALL NOT HAVE THE AUTHORITY TO PROCEED ON A CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL BASIS (EXCEPT AS PROVIDED IN THE "BATCH ARBITRATION" PROVISION DESCRIBED ABOVE). If any part of this agreement to arbitrate is found to be unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced (but in no case will there be 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 Wilmington City, New Castle County, Delaware 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. FleaTickWorm.com may (a) suspend your rights to use the Site or (b) terminate your account at any time for any reason at our sole discretion, including for any use of the Site in violation of these Terms or if we believe you are under the age of 18. Upon termination of these Terms, your account and right to access and use the Site will terminate immediately. You understand that any termination of your account may involve the deletion of your User Content. FleaTickWorm.com will not have any liability whatsoever to you for any termination of these Terms, including for termination of your account or deletion of your User Content.

The provisions herein related to our IP rights, User Content, acceptable use, disclaimer of warranties, indemnity, limitation of liability, and dispute resolution, including individual arbitration, together with any other rights and obligations which by their nature should survive, will continue in effect after termination of these Terms, including the end of any other aspect of the relationship between you and FleaTickWorm.com, including your decision to cease purchasing from us or the cancellation, opt-out, or end of any participation in any service, program, or promotion offered by FleaTickWorm.com.

Respect for Copyright Law—Digital Millennium Copyright Act (“DMCA”)

FleaTickWorm.com values the intellectual property of others and expects all users of our site to do the same. You may not access or use any of FleaTickWorm.com's intellectual property (IP) without our written permission or the consent of any third parties who own intellectual property rights to products displayed on our site, except as specifically authorized.

We have a policy that complies with copyright law for the removal of infringing materials. In appropriate circumstances, we will terminate the accounts of any users of our site who repeatedly infringe intellectual property rights, including copyrights.

If you believe your copyrighted work has been used in a way that constitutes copyright infringement and you'd like the infringing material removed from FleaTickWorm.com, please provide the following information in a written notice (pursuant to 17 U.S.C. § 512(c)) to our designated Copyright Agent:

• Your physical or electronic signature.
• Identification of the copyrighted work or works you claim have been infringed.
• Identification of the material on FleaTickWorm.com that you believe is infringing your copyright and that you would like us to remove.
• Enough information to help us locate the material (website URLs, etc.).
• Your address, telephone number, and e-mail address.
• A statement indicating your good-faith belief that the use of the material is not authorized by the copyright owner, their agent, or the law.
• A statement, made under penalty of perjury, affirming that the information in your notice is accurate and that you are either the copyright owner or authorized to act on the copyright owner's behalf.

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 a counter notification. Please send it to FleaTickWorm.com's Copyright Agent by email:

FleaTickWorm.com DCMA Copyright Agent

Attn: Legal

info@fleatickworm.com 

General

FleaTickWorm.com reserves the right to modify our Site at any time. Modifications may include, but are not limited to, changes to our Terms of Use, Privacy Policy, and any other terms, conditions, or policies governing the Site, Products, programs, and services. It is your responsibility to regularly review the most current terms and policies applicable to your use of the Site. Continued use of FleaTickWorm.com constitutes your express agreement to be bound by the then-current terms and policies. Should you disagree, your sole recourse is to discontinue use of our Site.

If any provision within these Terms of Use is determined to be invalid, void, or unenforceable, such determination shall not invalidate the remaining provisions. The affected term shall be deemed severable and modified to the maximum extent permissible by law to achieve validity and enforceability.

FleaTickWorm.com's decision not to exercise or enforce any right or provision outlined within these Terms of Use shall not be considered a waiver of such right or provision. Section titles within these Terms exist for convenience and shall not hold any legal or contractual effect. The word "including" shall be interpreted as including without limitation.

These Terms of Use, and the rights and obligations they define, may not be assigned, subcontracted, delegated, or otherwise transferred by you without the express prior written consent of FleaTickWorm.com. Any transfer attempt in violation of this provision shall be considered null and void. These Terms shall be binding upon assignees.