You acknowledge that the Materials on the Sites are provided “as is” for general information only and without warranties of any kind. While PetSmart Charities endeavors to keep the Materials on the Sites current, information, including for example any rules or guidelines for the programs and services offered, changes rapidly and thus, the Materials on the Sites should not be relied upon to be fully comprehensive or error free. PetSmart Charities does not recommend, endorse or make any warranties or representations of any kind with regard to the accuracy, completeness, timeliness, quality, efficacy or non-infringement of any of the Materials, including any programs, services, content, products or other information provided on the Sites or by the companies or organizations linked or referred to in the Sites.
PetSmart Charities may from time to time post publications, social media content, articles and other information provided by third parties that might be of interest or benefit to the public. You acknowledge that the opinions and recommendations of third parties contained on the Sites are not necessarily those of PetSmart Charities or endorsed by PetSmart Charities.
Restrictions on Use of Materials
PetSmart Charities may choose to acknowledge certain persons and companies who have provided donations or sponsorships in furtherance of our Vision of a lifelong, loving home for every pet. Such acknowledgement may be in the form of recognition on the Sites by use of such persons’ or companies’ own names or marks and/or links to such persons’ or companies’ own websites. While PetSmart Charities may recognize its sponsors on its website, PetSmart Charities does not permit the purchase or use of advertisements or commercial endorsements on the Sites by any person or company (including, without limitation, its sponsors and donors). If you choose to click on the links to any of our sponsors’ websites or otherwise engage in any correspondence or business dealings with or other purchase of products or services from any of our sponsors, you do so on your own initiative and you agree that PetSmart Charities is not responsible or liable for any representations therein, or any loss or damages of any sort incurred as a result of any such dealings or as a result of the acknowledgement of or access to links to such sponsors in conjunction with the Sites.
Links to Other Sites
In addition to links to sponsors, PetSmart Charities may provide links to other Internet sites or resources of various third parties. PetSmart Charities likewise may permit others to post on certain public forums links to other Internet sites or resources. The information provided to you in such links is provided solely for your interactive enjoyment. The results are not guaranteed to be accurate, and the statements and representations are in no way endorsed, offered or guaranteed by PetSmart Charities.
You should be aware that links to the Sites may be provided from other sites, either known or unknown to PetSmart Charities, and some links to the Sites may be unauthorized, and accessing any other site linked to or from the Sites is done at your own risk. PetSmart Charities has not reviewed and is not responsible for the content or any related statements or representations of any third party sites linked to or from the Sites.
You agree that you will hold harmless PetSmart Charities, its officers, directors, employees, volunteers, affiliates, licensors and suppliers from all claims arising out of or related to your access or use of, or your inability to access or use, the Sites or other sites to which they are linked. If your use of materials from the Sites results in the need for servicing, repair of equipment or data, you will assume any costs thereof, and shall hold PetSmart Charities harmless from any losses, costs or damages resulting from such servicing, repair of equipment or data.
Limitation of Liability
Disclaimer of Warranties
THE SITES (INCLUDING WITHOUT LIMITATION ALL PROGRAMS, SERVICES, CONTENT AND OTHER MATERIALS) ARE PROVIDED “AS IS” AND “WITH ALL FAULTS” WITHOUT WARRANTY OF ANY KIND AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. There is no warranty, representation or guarantee that the Sites will continuously operate or be error free or that any problems will be corrected, or that any information, software or other material accessible from the Sites is free of viruses, worms, Trojan horses or other harmful components. Further, we do not warrant, guarantee, or make any representations regarding the use of, or the results of the use of the Sites either in terms of their compatibility with hardware or other software, or their reliability, current or otherwise; and you rely on the Sites solely at your own risk. ANY AND ALL OTHER REPRESENTATIONS AND WARRANTIES INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS OF THE SITES OR ANY SERVICE FOR A PARTICULAR USE OR PURPOSE, QUALITY, COURSE OF DEALINGS, USAGE OF TRADE, INACCURACY IN CONTENT CAUSED BY OUR FAILURE TO PERFORM WITH REASONABLE CARE, QUIET ENJOYMENT OR NON-INFRINGEMENT ARE HEREBY EXPRESSLY DISCLAIMED. THE SITES ARE MANAGED IN THE PROVINCE OF ONTARIO, CANADA. PETSMART CHARITIES MAKES NO REPRESENTATION THAT IT OPERATES (OR IS LEGALLY PERMITTED TO OPERATE) IN ALL GEOGRAPHIC AREAS. PETSMART CHARITIES MAKES NO REPRESENTATION THAT THE SITES, SERVICES OR INFORMATION FOUND THROUGH THE SITES OR SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN ALL GEOGRAPHIC LOCATIONS. THE SITES, AND ANY PRODUCTS AND SERVICES MADE AVAILABLE THROUGH THE SITE ARE NOT OFFERED IN ANY JURISDICTION OR TO ANY PERSON, WHERE OR TO WHOM IT IS PROHIBITED AND ACCESSING THE SITES FROM TERRITORIES WHERE THE CONTENT OF THE SITES IS ILLEGAL IS EXPRESSLY PROHIBITED. IF YOU VIEW THE SITES AND/OR ACCESS THE SERVICES FROM ANY COUNTRY OTHER THAN CANADA OR THE UNITED STATES OF AMERICA, YOU ACKNOWLEDGE THAT YOU ARE DOING SO ON YOUR OWN INITIATIVE AND YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS.
Account Set Up
You may be required to have a password to access the Services online via your account. You are responsible for maintaining the secrecy of your password and protecting against unauthorized use of your password. You also are responsible for all activities that occur under your password and user name or your account, whether by you or others. You will immediately notify PetSmart Charities if your password is lost, stolen, disclosed to an unauthorized third party or otherwise has been compromised or if there is any other breach of security. You must ensure that you exit from your account at the end of each session. You will be permitted to access only those portions of the Sites for which you have been granted permission to use by PetSmart Charities.
In consideration of your use of the Sites and the Services, you agree to: (i) provide true, accurate, current and complete information about yourself as prompted by our account activation form; and (ii) maintain and promptly update such account information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such account information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your account and to refuse any and all current or future access or other use of the Sites or the Services or any portion thereof.
As part of the account activation process, you must certify that you have attained the age of majority in the province in which you reside. If you are under the age of majority, then your parent or legal guardian may establish an account for each of their minor children who they agree may use the Services. In such event, the parent or legal guardian must certify that he or she has attained the age of majority in his or her province of residence and that he or she is the parent or legal guardian of the child/children listed on the account. The parent or legal guardian also must provide his or her contact information. By creating an account for a minor, the parent or legal guardian gives his or her minor child permission to access all of the Sites and the Services. It is the legal guardian’s or parent’s responsibility to determine whether any of the Sites and the Services and/or information contained on the Sites is appropriate for the minor child and whether the minor child should participate in any feature of the Sites or Services, including without limitation the message boards, blogs or chat rooms, or access to any linked websites of third parties. Subject to any applicable privacy laws, PetSmart Charities reserves the right to disclose any activity under the minor child’s account to the parent or legal guardian who has created the account.
Message Boards & Other Social Media and Public Forums
Personal Home Page
You may post messages, text, photos, testimonials or other content on the Site via the public forums or your Personal Home Page. Any content submitted to PetSmart Charities will be treated as non-confidential and non-proprietary, and you authorize PetSmart Charities and its affiliates and licensees, without compensation to you or others, to copy, reproduce, republish, incorporate, distribute, communicate, perform, publicly display, translate, retransmit, commercially exploit or otherwise use such messages, text, photos, testimonials or other content in furtherance of its operations and our Vision of a lifelong, loving home for every pet throughout the world, in any format or media (whether now know or hereafter created) for the duration of any copyright or other rights in such content, and such permission may not be revoked for any reason. To the extent permitted under applicable law, you waive and release and covenant not to assert any moral or privacy rights that you may have in any content posted by you. By posting such content on the Sites, you represent to PetSmart Charities that you own or have the right to use and permit PetSmart Charities to use such content in the manner stated above. By way of example and not limitation, if you post a photograph of yourself with others, you need to first obtain permission or a release from the other people appearing in the photograph to use their image on your Personal Home Page, and you need to be the owner or licensee of the copyright in the photograph. You agree not to post any photographs or text that belongs to any person other than yourself or that contains the name, voice or likeness of any person other than yourself unless you first obtain permission to do so from that person. If you identify yourself by name or provide a picture or audio or video recording of yourself on your Personal Home Page, you further authorize PetSmart Charities and its affiliates and licensees (without compensation to you or others) to use, reproduce, print, publish, communicate, display, perform and disseminate in any format or media (whether now known or hereafter created) your name, voice and likenesses in furtherance of PetSmart Charities’ operations and our Vision of a lifelong, loving home for every pet throughout the world, and any such permission cannot be revoked for any reason. You further agree to indemnify and hold harmless PetSmart Charities and its affiliates from any claims relating to or resulting from your breach of the above terms and conditions regarding the posting of content in accordance with the section entitled “Services Indemnification” below.
Availability of Service
PetSmart Charities reserves the right to establish general practices and limits concerning the Services and user accounts at any time (and may modify such practices and limits at its sole discretion), including without limitation the maximum number of days that your or any third-party’s information, pictures, content or email will be retained and the maximum amount of disk space that will be allotted on PetSmart Charities’ servers on your behalf. Without limiting the foregoing, you agree that PetSmart Charities shall have no responsibility or liability for the deletion or failure to deliver or store your Personal Home Page or any other public forum, or any information, pictures, content or email provided by or stored by you on your Personal Homepage or any other public forum, regardless of whether such deletion or failure was due to the established practices or limits of the Services or as a result of error, intentional misconduct, or negligence of PetSmart Charities. You acknowledge that PetSmart Charities reserves the right to log off accounts that are inactive for an extended period of time and reserves the right at any time, and from time to time, to modify or discontinue, either temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that PetSmart Charities shall not be liable to you or to any third party for any such modification, deletion, suspension or discontinuance of the Personal Home Page or the Services.
Privacy and Security
Services Indemnification and Limitation of Liability
Acceptable Use Policy for Services & Sites
Term & Termination
You further agree that PetSmart Charities shall not be liable to you or any third-party for any termination or deactivation of your access to your account(s) or the Sites.
Deactivation of the Sites
Notice of Claims of Intellectual Property Violations
1. Information that is necessary in order to enable PetSmart Charities to communicate with you, including your name and address.
2. Identification of the work or other subject matter to which the claimed infringement relates.
3. An indication of your interest or right with respect to the copyright in the work or other subject matter.
4. The location data for the electronic location to which the claimed infringement relates.
5. The infringement that is claimed.
6. The date and time that the alleged infringement was committed.
You acknowledge that, where permitted by law, PetSmart Charities may charge a fee for forwarding or attempting to forward your notice to the alleged infringer, and for performing any of its other obligations related to the alleged infringement as specified in the Copyright Act.
PetSmart Charities’ agent for the notice of any claim of infringement of any copyright or trademark or right of publicity is its General Counsel, who can be reached, as follows:
PetSmart Charities of Canada
Attention: Legal Department
19601 N. 27th Ave.
Phoenix, AZ 85027
Please provide all of the information requested above. No specific form is required to provide PetSmart Charities with notifications of possible infringement. However, it will take PetSmart Charities longer to process your notice if any of this information is not provided, and in some cases, we may not be able to process your notice.
PetSmart Charities does not knowingly request or solicit data or information from, or participation by, children or knowingly market to children. PetSmart Charities is concerned about the safety of children and their use of the Internet and, as an affiliate of a United States legal entity, it voluntarily complies with the U.S. Children's Online Privacy Protection Act of 1998. Accordingly, it does not knowingly request or solicit personally identifiable information from anyone under the age of 13 without prior verifiable parental consent. In the event that PetSmart Charities receives actual knowledge that it has collected such personal information without the requisite and verifiable parental consent, PetSmart Charities will delete that information from the Sites as quickly as is reasonably practical.
Governing Law; Venue; Statute of Limitations
1. Send an e-mail request to: info[at]petsmartcharities[dot]org
2. Call toll-free: 1-800-423-PETS 24 hours a day/7 days a week
3. Mail your request to:
PetSmart Charities of Canada
500-4475 North Service Road
Burlington, ON. L7L 4X7
Revised August 2015
Our lifesaving work across Canada depends on donations from caring pet lovers like you.