"The Zoo" Privacy Policy & Terms of Use

Privacy Policy

Last updated: July 22, 2025

The ZOO is a service provided by Chewy, Inc. Chewy, Inc. and its affiliates and subsidiaries (“Chewy” or “we”, “our”, “us”) respect your concerns about privacy. This Privacy Policy (“Privacy Policy”) explains the type of information we may obtain from individuals who visit our websites (each, a “Site” and collectively, “Sites”) or use our mobile applications (each, an “App” and collectively, “Apps”), which includes tools such as chat available through our Sites and Apps.  It also explains the type of information we may obtain from individuals who otherwise connect with us offline, such as by phone (“Offline Services”, and collectively with all Sites and Apps, the “Services” or individually, a “Service”). When we use the term “including”, it shall mean “including but not limited to”.  In addition, this Privacy Policy sets out how The Zoo may use, disclose and protect your personal information.

·      INFORMATION WE OBTAIN

·      HOW WE USE THE INFORMATION WE OBTAIN

·      COOKIES AND INTEREST-BASED ADVERTISING

·      INFORMATION WE DISCLOSE

·      YOUR CHOICES

·      DATA RETENTION

·      DATA SECURITY

·      INFORMATION FROM CHILDREN

·      LINKS TO THIRD-PARTY WEBSITES, APPS OR ONLINE SERVICES

·      HOW TO UPDATE YOUR INFORMATION

·      CHANGES TO THIS POLICY

·      CONTACT US

·      CALIFORNIA PRIVACY NOTICE

·      PRIVACY NOTICE FOR COLORADO, CONNECTICUT, UTAH AND VIRGINIA

·      EXERCISING YOUR RIGHTS

 

INFORMATION WE OBTAIN

Information you give us. We collect and maintain information that you may provide to us through your registration of your account and use of our Services, including:

  • Name, date of birth, email address and phone number;
  • Pet’s Name and Pet Profile;
  • Your social media ID, if you use our social login feature;
  • Business Name, Business email address and type, if applicable;
  • Contact information including url, device identifiers, IP address, social media account information and other such information;
  • Pictures, videos, links and content you post on our Services including any metadata;
  • Messages, comments, suggestions and other information you provide during contests and promotions from time to time using our Services;
  • Your friend information and contact list;
  • Information and analytics about your usage of our Services;
  • Device information or any advertising id(s);
  • Your real time geo location information, if you choose to share it via your device;
  • Any activity or engagement you perform using our Services; and,
  • Any links you click or any purchase you perform using our Services.

We also may collect information about your pet(s), including name, breed, gender, birthdate, size, weight, prescriptions, veterinary and pet health information, pet insurance information, and photos.

Information we obtain by automated means. We may use technology to automatically obtain other information about you and your devices when you visit our Sites, use our Apps or view our advertisements online. For more information, see the “Cookies and Interest-Based Advertising” section of this Privacy Policy, below. This information helps our Sites and Apps work correctly and supports our marketing and analytics efforts. This information includes, but is not limited to, device type; device settings;  Internet browser information; operating system information; IP address; mobile device identifiers; software version; phone model; phone operating system; mobile phone carrier information;  precise geolocation data; the date, time and length of your stay on our Sites and Apps; and the referring website, specific pages accessed and other actions you take on our Sites and Apps.  Additionally, your chats, phone/video calls and other interactions with our customer service team or veterinarians may be recorded. We may obtain other information from you from time to time by providing appropriate notice.

We also use a third-party session replay service that records users’ interactions with our Sites and Apps, including users’ clicks, mouse movements and scrolls.

Information we obtain from other sources. We may receive information about you from other sources to, for example, help us correct or supplement our records, improve the quality of our Services, prevent or detect fraud and support our marketing and analytics. Such sources may include information collected from payment processors, data brokers, third-party ad technology companies, veterinarians, insurance companies, shelters, and shipping carriers. We may use this information consistent with this Privacy Policy.

Third-Party Web Analytics Services. We use third-party web analytics services on our Sites and Apps, such as Google Analytics. The service providers that administer these services use automated technologies to collect data (such as IP addresses, cookies, and other device identifiers) to evaluate the use of our Services. To learn more about Google Analytics and how to opt out, please visit www.google.com/analytics/learn/privacy.html.

 

HOW WE USE THE INFORMATION WE OBTAIN

We may use, process and disclose the information we collect about you for our business purposes, including:

Providing you Services. We may use your information to provide you Services, including but not limited to, providing social media features such as content posting, connecting with friends, sharing photos, videos and voice clips, contests, votes, sending direct messages to your contacts, sending you texts and emails, notifications and other relevant features that are provided as part of the Services. As part of offering Services to you we may also provide you useful personalized content, recommendations as well links and offers for different products, services and content offered by Chewy and any of our affiliated companies. Please note that due to the nature of the Services, your personal information including any messages and content may be exposed to your contact list and public, depending upon your settings. Please ensure to only post information you want to share with others.

Creating and maintaining your The ZOO account, and communicating with you. We may use your information to create and maintain your The ZOO account, including, where applicable, by updating your pet profile with information provided by your veterinarian about your pet. In addition, we may use your information to contact you about (1) updates to this Privacy Policy or our Terms of Use; (2) changes to our Services, features and programs; (3) reviews, comments or other feedback you provide about our products or Services; (4) issues with your orders; or (5) other relevant information about your pets.

Improving and personalizing our Services. We may use your information to make improvements to our Services, as well as personalize our Services to meet your preferences and needs, customize your experience with us and provide you with a consistent experience across the devices you use. We may also deliver content, product and services recommendations.

Reviewing Site and App trends and customer interests. We may also use your information to analyze the way you use our Services and understand your interests, including by combining information we receive from you and your devices with other information about you that we receive from other sources.

Sending and improving marketing communications. We may send you communications about promotions or offers via regular mail, email, text messaging, messaging and notifications within our Services or other electronic channels, including ads on Social Media Services. We may use information, including information collected across different online services and from the various devices you may use, for marketing and analytics purposes and to deliver marketing communications based on your behavior and interests.

Promoting our Services. If you complete a product review, submit feedback or provide an image of your pet(s), we may use your submission for commercial purposes, to promote our products and Services, or to send you personalized content, including pet portraits, thank you notes and holiday cards.

Administering promotions, such as sweepstakes and contests. We may use your information to administer sweepstakes, contests, and other promotions if you choose to participate. Such promotions may have additional terms and conditions that you choose to accept as a condition of participation.

Detecting and preventing fraud. We may use your information to protect against, identify and prevent fraud and other criminal activity, claims and other liabilities.

Complying with law. We may use your information to comply with and enforce applicable legal requirements (including to maintain pet health records and authorizations), relevant industry standards and our policies, including this Privacy Policy and our Terms of Use.

Other uses. We may use your information to operate, evaluate, develop, manage and improve our business (including operating, administering, analyzing, and improving our Services; developing new features and services; managing and evaluating the effectiveness of our communications; conducting market research, aggregating and anonymizing data, and performing data analytics; facilitating the provision of services to The Zoo and our affiliates; and performing accounting, auditing, and other internal functions).

We also may use your information in other ways for which we provide specific notice at the time of collection or otherwise with your consent.

 

COOKIES AND INTEREST-BASED ADVERTISING

Tracking tools we use. We and third-party ad technology providers may collect information about you and your devices over time and across different websites and online services through the use of tracking tools, including cookies, web beacons, clear GIFs, pixels, device identifiers and other online information-gathering tools. We may use these automated technologies to collect information about your equipment, browsing actions, and usage patterns. The information we may obtain through these automated technologies is described in the “Information we obtain by automated means” section of this Privacy Policy, above. We may use these automated technologies to:

  • authenticate your account and store your password if you are a registered ZOO account holder and otherwise detect and prevent fraud;
  • monitor the performance of our Services;
  • learn more about the way you interact with our Services and content;
  • personalize your experience on our Sites, Apps and Social Media Services;
  • optimize and tailor our Services which includes our Sites and Apps;
  • make product recommendations, perform analytics, personalization and provide you with relevant advertising content on our Services and third-party websites and online services;
  • measure the effectiveness of the ads we serve you;
  • conduct data analytics and research to help us improve our Services and product offerings; and,
  • better understand our Site visitors and App users and their respective interests.

Interest-based advertising. We and third-party ad technology providers may use cookies to learn about the ads you see and interact with, and other actions you take on our Services. This allows us to provide you with more useful and relevant ads on both The Zoo and Chewy-owned and operated Services and third-party websites, apps and online services. Interest-based ads, also referred to as personalized or targeted ads, are displayed to you based on information collected about your online activities, such as when you browse or purchase a product on our Sites or Apps, or visit third-party websites, apps or online services. In providing interest-based ads, we follow the Self-Regulatory Principles for Online Behavioral Advertising developed by the Digital Advertising Alliance (DAA) (a coalition of marketing and online advertising organizations). See the “Advertising Preferences and Opt-Out” section of this Privacy Policy, below, for information on how you may opt out of such advertising.

Third-party ad technology companies may help us display content tailored to your interests and serve interest-based advertising on our behalf. Additionally, some third-party ad technology companies may provide us with information about you (such as demographic information) from offline and online sources, which we may use to provide you with more relevant and useful advertising.

Advertisers or third-party ad technology companies working on their behalf sometimes use automated technologies to serve the ads that appear on our Sites and Apps. They automatically receive your IP address and other device identifiers when this happens. They may also use cookies to measure the effectiveness of their ads and to personalize ad content.

 

INFORMATION WE DISCLOSE

We may share information about you with third parties in order to conduct our business, when legally required, or with your consent, including:

Affiliates and Subsidiaries. We may share your information with our affiliates and subsidiaries for business, operational, promotional, marketing or other purposes consistent with this Privacy Policy.

Service Providers. We may disclose the information we obtain about you to service providers who perform services on our behalf (e.g., to provide content, to enable aspects of our Services such as sending email, to  fulfill orders, deliver packages, send postal mail and/or email, analyze data, provide telehealth services, provide session replay services, provide marketing research and assistance, process credit card payments, detect and prevent fraud, and provide customer service including through automated and live chat features). Our service providers are restricted from using your personal information in any way other than to provide services for us.

Business Partners. With your consent and at your direction, we may share your information with our business partners (such as veterinarians, pet insurers, and animal shelters) so they can provide you with the services that you request or that may interest you.

Other Third Parties.  We may disclose your information to other third parties in connection with our marketing efforts to promote our Services, or as otherwise directed by you.

Veterinary Care Providers or Pharmaceutical Product Manufacturers. If you elect to use pharmacy services available through our Services and/or fulfilled by Chewy Pharmacy KY, LLC or Chewy Pharmacy, LLC or other affiliates or subsidiaries, the pharmacy may share your and/or your pet’s information with veterinary care providers to validate prescriptions or provide other advice. The pharmacy also may share such information with pharmaceutical manufacturers if doing so will help facilitate the treatment of your pet or provide required adverse event information to the manufacturer.  Additionally, if you fulfill prescriptions or purchase products from your veterinarian through the Chewy marketplace Practice Hub or other similar Chewy platforms, information relating to those transactions will be shared with your veterinarian.

Business Transfer. We may disclose, transfer, or assign to our affiliates, or to one or more third parties, the information collected about you in the event that we sell or transfer (or contemplate the sale or transfer of) all or a portion of the assets or business of The Zoo or Chewy, including as part of an actual or contemplated merger, acquisition or joint venture. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, liquidation, divestiture, dissolution or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors’ rights generally, we may transfer your personal information to a successor or to a third party that purchases our assets arising from such circumstances. In such transactions, customer information generally is one of the transferred business assets but remains subject to the promises made in any pre-existing Privacy Policy.

Protection of The Zoo, Chewy and Others. We may disclose information about you to the government or to other third parties to comply with applicable law and regulations, governmental and quasi-governmental requests, court orders, subpoenas and other legal process. We may also disclose information to third parties if necessary to (i) enforce any of the Terms of Use for our Services or any investigation of potential violations thereof, (ii) detect, prevent, or otherwise address fraud, security or technical issues, (iii) protect against harm to our Services and (iv) protect our rights, property or safety, or the rights, property or safety of our users or others.

 

YOUR CHOICES

You have certain choices in connection with the personal information we obtain about you, as described further below.

Regardless of which region you live, you have the right to exercise your privacy options such as right to know/access, right to delete, right to correct and other privacy choices, please check here or navigate to the bottom of this web page and click “Your Privacy Choices.” Please note that terms used in the privacy choices may have meaning attributable to them under certain state laws. Certain privacy rights may not be available in certain states. Please see the state specific privacy disclosures for further information.

Request to delete: To request deletion of all personal information associated with your account regardless of your state/region of residence, please visit this page and follow the steps to delete your account and data through the app. If you would prefer to request data deletion from outside the app, visit our Your Privacy Choices page to submit a request, or navigate to the bottom of this web page and click “Your Privacy Choices.” If you have any questions, please contact us at support@thezoobychewy.com and we will be happy to assist you.

Cookies: The “Help” feature on most Internet browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. If you set your browser to limit or remove cookies or otherwise block our use of cookies, some Site features may be unavailable or unable to function properly. Your device may not give you the ability to control cookies. If you wish to block cookies on our App, you may need to delete the App from your mobile device.

Email marketing opt-out: If you wish to opt out of any of our marketing email communications you may contact our customer service representatives at the phone number or email address below, under the “Contact Us” section of this Privacy Policy. You also may follow the “unsubscribe” instructions included in our promotional emails. Please note that removal of user information from our database or “opting out” will not stop marketing or advertising content that is generated for distribution or is otherwise queued for transmission to you prior to the time when we can implement your request.  If you unsubscribe from marketing communications, you may continue to receive transactional communications, such as email or text notifications about your order status, recall information and other administrative information. Your information will remain in our database, but will be marked as inactive so you do not receive marketing materials from us.

Interest-based advertising opt-out: You may opt out of receiving interest-based ads from us by visiting the DAA consumer opt-out page at https://www.aboutads.info/choices. You also can opt out of receiving interest-based ads from members of the Network Advertising Initiative (NAI) by visiting the NAI consumer opt-out page at https://optout.networkadvertising.org/?c=1#!/. Opting out of receiving interest-based ads does not mean that you will no longer receive ads from us, but rather that the ads you receive may not be as relevant to your interests.

Apps opt-out: You may use the DAA’s AppChoices program to opt out of receiving certain in-app interest-based ads (see: https://youradchoices.com/appchoices). Your mobile device may also provide a device-level advertising preference feature that prevents your device from receiving in-app interest-based ads.

Do-Not-Track: Some Internet browsers have a “do not track” feature that lets you tell websites that you do not want to have your online activities tracked. Our Sites and Apps do not support “do not track” preferences that may be available in your browser and are not capable of satisfying the preference you set.

If you are a California consumer, for more specific information about your privacy rights, please see the section of this Privacy Policy called “California Privacy Notice”, below.

If you are a Colorado, Connecticut, Utah and Virginia consumer, for more specific information about your privacy rights, please see the section of this Privacy Policy called “State Privacy Notice”, below.

 

DATA RETENTION

We retain your information for the time period reasonably necessary to achieve the purposes described in this Privacy Policy, or any other notice provided at the time of collection, taking into account applicable statutes of limitation and records retention requirements under applicable law.

 

DATA SECURITY

We implement reasonable administrative, technical, and physical safeguards designed to protect the information we collect.

 

INFORMATION FROM CHILDREN

The Sites and Apps are designed for a general audience and are not directed to children under the age of 13. We do not knowingly collect or solicit personal information from children under the age of 13 through our Sites and Apps. If we become aware that we have collected personal information from a child under 13 online without the consent of the child’s parent or guardian, we will use all reasonable efforts to promptly delete such information. If you are below the age of eighteen (18), please make sure that your adult parent or guardian approves of your use of The Zoo.

 

LINKS TO THIRD-PARTY WEBSITES, APPS OR ONLINE SERVICES

As a convenience to our Site visitors and App users, our Services may contain links to third-party websites, apps and online services that we believe offer useful information. This Privacy Policy does not apply to such third-party websites, apps or online services. We suggest reviewing the privacy notices or policies of such third parties or contacting them directly for more information on their privacy practices. The Zoo is not responsible for the privacy practices of third-party services, regardless of whether they are linked to or otherwise connected to our Services.

 

HOW TO UPDATE YOUR INFORMATION

You may correct or update certain information collected about you through our Services by contacting us at the email address noted in the “Contact Us” section of this Privacy Policy, below, or by editing your information and preferences on the “Your Account” and “Profile and Password” pages. Following receipt of a request from you, we will take reasonable steps to update or correct your information.

 

CHANGES TO THIS POLICY

We reserve the right, at our discretion, to modify our privacy practices and update and make changes to this Privacy Policy at any time and without prior notice. If we make any changes, we will change the “Last Updated” date above and post the new Privacy Policy here: https://www.chewy.com/app/content/privacy. You should consult this Privacy Policy regularly for any changes.  If we make material changes, we will notify you by email (sent to the email address specified in your account) or by means of posting a notice on this website prior to the effective date of the change.

 

CONTACT US

If there are any questions regarding this Privacy Policy or our privacy practices, you may contact us using the information below.

1-800-672-4399
service@chewy.com

 

CALIFORNIA PRIVACY NOTICE

Last updated: April 18, 2023

This California Privacy Notice (“California Notice”) supplements the The Zoo Privacy Policy. It applies solely to California consumers and addresses personal information we collect online and offline. This California Notice does not apply to Chewy personnel or job applicants.

This California Notice uses certain terms that have the meaning given to them in the California Consumer Privacy Act of 2018 (as amended by the California Privacy Rights Act of 2020) and its implementing regulations (the “CCPA/CPRA”).

Notice of Collection and Use of Personal Information. We may collect (and may have collected during the 12-month period prior to the last updated date of this California Notice) the following categories of personal information about you:

  • Identifiers: identifiers such as a real name, alias, postal address, unique personal identifier (such as a device identifier; cookies, beacons, pixel tags, mobile ad identifiers and similar technology; customer number; telephone number and other forms of persistent or probabilistic identifiers), online identifier, Internet protocol address, email address, account name, and other similar identifiers
  • Additional Data Subject to Cal. Civ. Code § 1798.80: signature, pet insurance policy number, credit card number, debit card number, and other financial information such as bank account numbers, pet medical information, and pet health insurance information
  • Protected Classifications: characteristics of protected classifications under California or federal law, such as race, color, national origin, religion, age, sex, gender, gender identity, gender expression, sexual orientation, marital status, medical condition, ancestry, genetic information, disability, citizenship status, and military and veteran status
  • Commercial Information: commercial information, including records of personal property, products or services purchased, obtained, or considered, and other purchasing or consuming histories or tendencies
  • Online Activity: Internet and other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding your interaction with websites, applications or advertisements
  • Geolocation Data
  • Sensory Information: audio, electronic, visual, and similar information
  • Inferences: inferences drawn from any of the information identified above to create a profile about you reflecting your preferences, characteristics, predispositions, behavior, and attitudes.

We may use (and may have used during the 12-month period prior to the last updated date of this California Notice) your personal information for the purposes described in our The ZOO Privacy Policy and for the following business purposes specified in the CCPA:

  • Performing services, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing advertising or marketing services, providing analytics services, or providing similar services, receiving services or products, making payments, providing relevant content and features within the Services or other similar activities
  • Auditing related to counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance
  • Short-term, transient use, including, but not limited to, non-personalized advertising shown as part of your same interaction with us
  • Helping to ensure security and integrity
  • Debugging to identify and repair errors that impair existing intended functionality
  • Undertaking internal research for technological development and demonstration
  • Undertaking activities to verify or maintain the quality or safety of a service or device that is owned, manufactured, manufactured for, or controlled by us, and to improve, upgrade, or enhance the service or device that is owned, manufactured, manufactured for, or controlled by us.

To the extent we process deidentified information, we will maintain and use the information in deidentified form and will not attempt to reidentify the information unless permitted by applicable law.

Sources of Personal Information. During the 12-month period prior to the last updated date of this California Notice, we may have obtained personal information about you from the following categories of sources:

  • Directly from you, such as when you make a purchase, sell products or services to us, provide information to us for business and commercial purposes or when you interact with us through our customer service and marketing channels such as telephone conversations, chats, emails, SMS and other interactions
  • Your devices, such as when you visit our Sites or use our Apps
  • Your family or friends, such as when they provide us with your contact information so we can send you gift cards or other information that may interest you
  • Our affiliates and subsidiaries
  • Vendors who provide services on our behalf
  • Our business partners, such as veterinarians, insurance companies, and animal shelters
  • Online advertising services and advertising networks
  • Internet service providers
  • Data analytics providers
  • Operating systems and platforms
  • Social networks
  • Data brokers


Sale or Sharing of Personal Information

We do not sell your personal information in exchange for monetary compensation. We may share your personal information with certain third parties (such as online advertising services) or allow them to collect personal information via automated technologies on our Sites and Apps for cross-context behavioral advertising purposes. This kind of sharing may be considered a “sale” or “sharing” under California law when the personal information is exchanged for non-monetary consideration. You have the right to opt out of these types of disclosures of your information.

We may sell or share for cross-context behavioral advertising purposes (and may have sold or shared during the 12-month period prior to the last updated date of this California Notice) the following categories of personal information about you to online advertising and data analytics services and social media networks:

  • Identifiers
  • Commercial Information
  • Online Activity
  • Inferences

You have the right to opt-out of this disclosure of your information, as detailed below. We do not have actual knowledge that we sell or share the personal information of minors under 16 years of age.

Disclosure of Personal Information. During the 12-month period prior to the last updated date of this California Notice, we may have shared your personal information with certain categories of third parties, including as described in our Privacy Policy and below, including for the business purposes described above.

Category of Third Party Category of Personal Information
Our Affiliates and Subsidiaries ·      Identifiers

·      Additional Data Subject to Cal. Civ. Code § 1798.80

·      Commercial Information

·      Online Activity

·      Geolocation Data

·      Sensory Information

·      Inferences
Our Service Providers ·      Identifiers

·      Additional Data Subject to Cal. Civ. Code § 1798.80

·      Commercial Information

·      Online Activity

·      Geolocation Data

·      Sensory Information

·      Inferences
Veterinary Care Providers or Pharmaceutical Product Manufacturers ·      Identifiers

·      Additional Data Subject to Cal. Civ. Code § 1798.80

·      Commercial Information

·      Sensory Information

·      Geolocation Data
Our Business Partners ·      Identifiers

·      Additional Data Subject to Cal. Civ. Code § 1798.80

·      Commercial Information

·      Online Activity

·      Geolocation Data

·      Sensory Information

·      Inferences
Online Advertising Services and Advertising Networks ·       Identifiers

·       Commercial Information

·       Online Activity

·       Geolocation Data

·       Inferences
Data Analytics Providers ·       Identifiers

·       Commercial Information

·       Online Activity

·       Geolocation Data

·       Inferences
Government Entities ·       Identifiers

·       Additional Data Subject to Cal. Civ. Code § 1798.80

·       Commercial Information

·       Online Activity

·       Geolocation Data

·       Sensory Information

·       Inferences
Social Networks ·       Identifiers

·       Online Activity

·       Geolocation Data

California Consumer Privacy Rights. California residents may have certain rights pursuant to the CCPA, as described below.

  • Right to Delete: You have the right to request that we delete certain personal information we collected from you. To exercise your rights, please see the “Exercise of Your Rights” section here
  • Right to Know: You have the right to request, twice in a 12-month period, a report that details the categories of personal information collected about you, the categories of sources from which the personal information is collected, the purposes for collecting the personal information, the categories of personal information that we disclose for a business purpose, sell or share and the categories of third parties with whom the information is shared, and the specific pieces of personal information collected about you. To exercise your rights, please see the “Exercise of Your Rights” section here
  • Shine the Light Request: You also may have the right to request that we provide you with (a) a list of certain categories of personal information we have disclosed to third parties for their direct marketing purposes during the immediately preceding calendar year and (b) the identity of those third parties. To submit a Shine the Light request, email us at service@chewy.com.
  • Right to Correct: You have the right to correct inaccurate personal information we hold about you. For existing The ZOO account holders, you may log in your account to correct or update your personal information. For non-ZOO account holders, please see the “Exercise of Your Rights” section here
  • Right to opt-out of Sale or Sharing of Personal Information: You have the right to opt-out of the sale of your personal information or the sharing of your personal information for cross-context behavioral advertising purposes. To exercise your rights, please see the “Exercise of Your Rights” section Note that you also can use the Global Privacy Control (“GPC”) to signal your opt-out preference. To learn more about the GPC, please visit https://globalprivacycontrol.org/. If you delete cookies or reset your device, you may need to set your preference again to ensure we continue to honor your preferred choice.

We will not discriminate against you for exercising any of the rights that are provided to you under CCPA/CPRA.


Verifying Requests. We have various procedures to verify that you are authorized to exercise your rights under the CCPA/CPRA. If you have an account with us, we may ask you to verify your identity by requiring you to sign-in to your ZOO account or complete a form requesting certain information. If you do not have an account and request access to, correction of or deletion of your personal information, we may require you to provide any of the following information: first and last name, email address, country, street address, city and zip code. You also can designate an authorized agent to make these requests on your behalf, though we will need to verify the authority of such agent pursuant to our procedures. For authorized agents making a request on a consumer’s behalf, download a verification form here  to complete and submit the completed form together with the above request.  An authorized agent’s request will be denied without this form properly submitted.

Additional Information. We may deny certain requests, or fulfill a request only in part, based on our legal rights and obligations. For example, we may retain personal information as permitted by law, such as for tax or other record keeping purposes and to process transactions and facilitate customer requests. If you choose to exercise any of your rights under the CCPA/CPRA, you have the right to not receive discriminatory treatment by us, though we may not be able to provide some services to you without such information. To the extent permitted by applicable law, we may charge a reasonable fee to comply with your request.

 

PRIVACY NOTICE FOR COLORADO, CONNECTICUT, UTAH AND VIRGINIA

Last updated: April 18, 2023

This Privacy Notice (“State Privacy Notice”) supplements the The Zoo Privacy Policy. It applies solely to Colorado, Connecticut, Utah and Virginia consumers and addresses personal information we collect online and offline. This State Privacy Notice does not apply to Chewy personnel or job applicants.

This State Privacy Notice uses certain terms that have the meaning given to them in the applicable laws and implementing regulations in Colorado, Connecticut, Utah and Virginia. Date of applicability of the applicable regulations may vary across states.

In addition of what is already disclosed in the general section of this Privacy Notice, please find the following additional information relevant for the State Privacy Notice.

Categories of Personal Information Collected:

We may process the categories of personal information listed in the Information We Obtain section of our Privacy Policy.

Purposes for which Personal Information is collected:

We may process the personal information we collect about you for the purposes listed in the How We Use the Information We Obtain section of our Privacy Policy.

Sharing of Personal Information:

  • We share the following categories of your Personal Information with the categories of third parties listed in the Information We Disclose section of our Privacy Policy:
    • Contact information and other information about you, your household and your pet (including your name, email address, physical address, shipping address, telephone number) and other demographic information.
    • Internet or other electronic network activity information (including cookies and mobile device IDs, and related browsing information).
    • Commercial information (including products and services purchased, products and services you are considering purchasing that are placed in your virtual shopping cart, information about products that you have returned, product orders you have cancelled, and product reviews).
    • Location information (including precise geolocation).
    • Transactional information such as information you provide to us via customer service calls, emails, SMS and chats. This information is recorded and processed consistent with our Privacy Notice.
    • Your pet information such as information you provided to us while filling a pharmacy prescription, pet conditions, insurance information and other such information when you interact with us or our affiliates.

Processing Personal Information for Sale and Targeted Advertising

  • We share your personal information with our social media, Data Analytics, Online Advertising Services and Advertising Networks and other such third parties for the purposes of targeted advertising.
  • We do not sell your Personal Information in exchange for monetary consideration. We may share your personal information with certain third parties as described above, which may be considered a “sale” under some state laws when the personal information is exchanged for non-monetary consideration.

We will not discriminate against you for exercising any of the rights that are provided to you under applicable state laws.

We do not conduct profiling in furtherance of decisions that produce legal or similarly significant affects for consumers.

To the extent we process deidentified information, we will maintain and use the information in deidentified form and will not attempt to reidentify the information unless permitted by applicable law.

Consumer Privacy Rights. You may have certain rights pursuant to the applicable state laws, as described below.

  • Right to Delete: You have the right to request that we delete certain personal information we collected from you. To exercise your rights, please see the “Exercise of Your Rights” section
  • Right to Know: You have the right to request, twice in a 12-month period, a report that details the categories of personal information collected about you, the categories of sources from which the personal information is collected, the purposes for collecting the personal information, the categories of third parties which whom we share the personal information and the specific pieces of personal information collected about you. To exercise your rights, please see the “Exercise of Your Rights” section
  • Right to Correct: You have the right to correct inaccurate personal information we hold about you. For existing The ZOO account holders, you may log in your account to correct your personal information. For non-ZOO account holders, please see the “Exercise of Your Rights” section
  • Right to opt-out of Processing for Purposes of Sale and Targeted Advertising: You have the right to opt-out of sharing information with third parties for the purposes of sale and targeted advertising. To exercise your rights, please see the “Exercise of Your Rights” section Note that you also can use the Global Privacy Control (“GPC”) to signal your opt-out preference. To learn more about the GPC, please visit https://globalprivacycontrol.org/. If you delete cookies or reset your device, you may need to set your preference again to ensure we continue to honor your preferred choice.


Verifying Requests. We have various procedures to verify that you are authorized to exercise your rights under the applicable state laws. If you have an account with us, we may ask you to verify your identity by requiring you to sign-in to your account or complete a form requesting certain information. If you do not have an account and request access to, correction of or deletion of your personal information, we may require you to provide any of the following information: first and last name, email address, country, street address, city and zip code. You also can designate an authorized agent to make these requests on your behalf, though we will need to verify the authority of such agent pursuant to our procedures. For authorized agents making a request on a consumer’s behalf, download a verification form here  to complete and submit the completed form together with the above request.  An authorized agent’s request will be denied without this form properly submitted.

Additional Information. We may deny certain requests, or fulfill a request only in part, based on our legal rights and obligations. For example, we may retain personal information as permitted by law, such as for tax or other record keeping purposes and to process transactions and facilitate customer requests. If you choose to exercise any of your rights under the applicable state laws, you have the right to not receive discriminatory treatment by us, though we may not be able to provide some services to you without such information. To the extent permitted by applicable law, we may charge a reasonable fee to comply with your request.

 

Exercising Your Rights:

For customers: For customers with a The Zoo account, you may exercise your rights by going to “My Privacy Choices” in the settings menu of The Zoo app, using our online portal or by calling 1-888-966-2509. You may also email us at support@thezoobychewy.com.

For non-Chewy customers: For non-customers, you may exercise your applicable rights by going to “My Privacy Choices” in the settings menu of The Zoo app, using our online portal or by calling 1-888-966-2509. You may also email us at support@thezoobychewy.com.

California residents only: If you are associated with a business that is providing services and products to us, you may email us at support@thezoobychewy.com or call us at 1-888-966-2509.

You may appeal our decision with respect to a request you have submitted by calling us at 1-888-966-2509 or by emailing us at support@thezoobychewy.com.

 

 

Terms of Use

Last updated: June 13, 2023

Chewy, Inc. and its affiliates and subsidiaries (hereinafter “Company” or “Chewy” or “we”) welcome you to  The Zoo Mobile app.  By clicking or tapping “Sign In”, “Create Account”, or entering or otherwise using our The Zoo mobile app or other related websites (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 programs and services on our Site (the “Programs”) may have additional terms and conditions that apply.. If these Terms of Use are inconsistent with terms applicable to a certain Programs or services, 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 13 YEARS OLD.  IF YOU ARE UNDER THE AGE OF SIXTEEN (16), YOU SHOULD MAKE SURE THAT YOUR ADULT PARENT OR GUARDIAN KNOW THAT YOU USE THE SITE AND MAKE SURE THEY APPROVE AND ARE INVOLVED WHEN YOU SETUP YOUR ZOO ACCOUNT AND USE THE SITE.

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, direct messages, chats, text messages, post content, communicate with others on our Site, 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, direct messages 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, you must register for an account with us (“The Zoo 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 Zoo Account login information. You are fully responsible for all activities that are associated with The Zoo 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 us of any unauthorized use or suspected unauthorized use of your Zoo Account or any other actual or potential breach of security. You agree that we can share any information you provide on registration and on our Site with our affiliates. You also agree that your Zoo Account information may be shared with our affiliates to create accounts in any affiliated websites, mobile applications and/or services.

Appropriate Use of Site

Site was developed with a goal of providing a positive environment where pet parents and pet lovers can enjoy the animals.  You agree to use this Site in a manner that is consistent with that goal.

(a) You agree to abide by guidelines on Site usage (“Community Guidelines”) published by Company from time to time. The company has a right to suspend or revoke your Zoo Account at any time without any cause without any notice, including but not limited to, any violation of the Community Guidelines or any violation of the Terms of Use.

(b) You agree not to use this Site for any purpose that is illegal or prohibited by these Terms of Use.

(c) You agree not to post User Content that contains or is linked to pornography, violent graphics, hate speech, incitementto violence type content, making threats, or otherwise inappropriate (at the sole and exclusive discretion of the Company).

(d) You agree not to use this Site to defame, bully, harass or intimidate or otherwise make inappropriate comments or post inappropriate content.

(e) You agree not to solicit nor attempt to use another user’s Zoo Account without their permission or use the login credentials (username, password) of another user.

(f) You agree not to send excessive communications to other users.

(g) You agree not to upload spyware, malicious code or viruses to the Site.

(h) You agree not to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity.

(i) You agree not to use the Site to send unsolicited messages to advertise any goods or services.

(j) You agree not to use bots or other automated techniques to collect information from the Site.

(k) You agree not to sell or purchase any items, products, services or animals via the Site. Company strictly and irrevocably excludes any liability relating to any sale or purchase of any items on the Service by any Zoo Account holderssold without Company’s explicit permission.

(l) You are to be always respectful and courteous when you post content, pictures, comments and messages.

Permissible Uses of the Site

Subject to these Terms of Use, Company 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. Company 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 sell or purchase or solicit to sell or purchase any merchandize, services or animals for yourself or a third party for resale by that or another third party; (b) you shall not license, sublicense, reproduce, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, or its content without the express written consent of Company; (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 merchandize or services; (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 Company’s express written consent; (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 Company’s express written consent; (g) you shall not place any content or engage in any activities that are in violation of Terms of Use

The Company reserves the right, at any time, to modify, suspend, or discontinue the Site or any part thereof with or without notice. You agree that Company 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 Company, including but not limited to, The Zoo, The Zoo logo, Chewy, the Chewy design logo, the tag line “find your pack”, and any other The Zoo or Chewy trademarks (collectively, the “Marks”) Any use of the Marks without the prior written permission of Company 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.

User Content

“User Content” of the Site’s user means any and all information and content, including photographs, comments, messages to other users that such user submits to Company by any means, including through the Site, social media (e.g., Facebook, YouTube, Instagram, Pinterest, Twitter), uses with the Site (e.g., a user profile, user content, user comments and other related content), or when you otherwise interact with Company (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 Company. 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. Company is not obligated to backup any User Content, makes no representation that it will do so, and you agree that Company may delete User Content at any time. Any User Content must always comply with the Terms of Use and any other guidelines provided by the Company, such as Community Guidelines.

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 Company 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, Company 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.

The Company will treat any feedback, communications, or suggestions you provide to Company 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 Company to the contrary, you agree that you will not submit to Company 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 Company 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. The company hereby strictly and irrevocably disclaims any liability associated with User Content.

Acceptable Use Policy

In connection with your use of the Site and interactions with Company 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;  (c) in violation of any law, regulation, or obligations or restrictions imposed by any third party; or (c) otherwise inconsistent with Company’s Terms of Use or any Community Guidelines

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) sell or purchase or solicit to sell or purchase any merchandise, animal or services

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 Zoo 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 Zoo 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 Company and Chewy is not responsible for any Third Party Sites. Company 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.

Disclaimer of Warranties

Company 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 COMPANY 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, COMPANY 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 COMPANY, OUR OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, SUBSIDIARIES, PARENTS, JOINT VENTURES, SUCCESSORS AND ANY OTHER COMPANIES UNDER COMMON CONTROL WITH US, OR ANY INDEPENDENT CONTRACTORS (“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 SITEOR 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 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 FIFTY US DOLLARS ($50) 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, (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 and any other terms and conditions that may apply to our Site and/or 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 promotions provided by Company, 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.

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, Company 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, Company 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 Company 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 Company 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. Company will provide such notice by e-mail to your e-mail address on file with Company 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 Company 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 Company. 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 Zoo 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 13 and do not have appropriate consent from parent or guardian. Upon termination of these Terms, your Zoo 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. Company will not have any liability whatsoever to you for any termination of these Terms, including for termination of your Zoo 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 Company, including your decision end of any participation in any service, program, or promotion offered by Company, will survive any termination of these Terms of Use.

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

Company 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 User Content displayed on Site. In connection with our Site, User Content, 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 Company’s Copyright Agent by mail or email as set forth below:

    Chewy DCMA Copyright Agent

    Attn: Legal

    7700 West Sunrise Boulevard

    Plantation, Florida 33322

    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, our Community Guidelines and any other terms and conditions that may apply to our Site, 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 Company, please contact us at:

    Chewy Legal

    7700 West Sunrise Boulevard

    Plantation, Florida 33322

    legal@chewy.com