Capitalized terms have the meanings given to them in this Agreement. means Hills Pet Nutrition Sales, Inc. and any of its applicable Affiliates, and. If you are a veterinarian interested in offering Hill's to Home to your clients, please visit vet.hillstohome.com to register or contact your Hill's representative for more information. 2.5 Fraud. we don't lose the recommendation anymore. Except as provided otherwise, all amounts contemplated in this Agreement will be expressed and displayed in United States Dollars, and all payments contemplated by this Agreement will be made in United States Dollars. If we make suggestions on using the Services, you are responsible for any actions you take based on our suggestions. You agree to receive communication from Hills about products, offers and programs, until you notify Hills otherwise, including via text message, facsimile, telephone or other similar means. In order to cooperate with governmental requests, to protect our systems and customers, or to ensure the integrity and operation of our business and systems, we may access and disclose any information we consider necessary or appropriate, including but not limited to user contact details, IP addresses and traffic information, usage history, and posted content. You will not directly or indirectly export, re-export, transmit, or cause to be exported, re-exported or transmitted, software or technology to any country, individual, corporation, organization, or entity to which such export, re-export, or transmission is restricted or prohibited, including any country, individual, corporation, organization, or entity under sanctions or embargoes administered by the United Nations, US Departments of State, Treasury or Commerce, the European Union, or any other applicable government authority. *Free shipping excluding Alaska and "Your Materials"means all Technology, Your Trademarks, Content, Your Product information, data, materials, and other items or information provided or made available by you or your Affiliates to Hills or its Affiliates. We will instruct the Payment Processor to remit any amounts to be refunded by us pursuant to this subsection. We may establish a reserve on your Payment Processor Account based on our assessment of risks to Hills or third parties posed by your actions or performance, and we may modify the amount of the reserve from time to time at our sole discretion. With Hill's to Home, you can offer home delivery to your clients for better care and business growth Helps you provide better care by making compliance easy Reclaim time by simplifying operations Create an ongoing revenue stream without ongoing effort Benefits for your clinic 2.3 Order Fulfillment. If we determine that your actions or performance may result in excessive returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to Hills or third parties, then we may in our sole discretion instruct the Payment Processor to withhold any payments to you for as long as we determine any related risks to Hills or third parties persist. For each remittance, your remittance amount is equal to any Sales Proceeds received by the Payment Processor or its Affiliates but not previously remitted to you (which you will accept as payment in full for Your Transactions), plus discounts to Buyers funded by Hills (if any, such as subscription discounts), less: (a) the Service Fees; (b) any other applicable fees described in this Agreement (including the Fee Schedule and any applicable Program Policies); (c) any amounts we require you to maintain in your account balance pursuant to this Agreement (including payments withheld pursuant to Section 9and Section 2.5, and applicable Program Policies); (d) Hills List Price (subject to applicable taxes, promotions and discounts) for each of Your Products sold; (e) shipping fees (if any); and (f) any sales and use taxes that Hills automatically calculates, collects and remits to a tax authority (the . We may at any time cease providing any or all of the Services at our sole discretion and without notice. Except as provided otherwise, all amounts contemplated in this Agreement will be expressed and displayed in United States Dollars, and all payments contemplated by this Agreement will be made in United States Dollars. means any Hills product that you take title to pursuant to this Agreement. As used in this Agreement,"we," "us,"and"Hills"means Hills Pet Nutrition Sales, Inc. and any of its applicable Affiliates, and"you"means the applicant (if registering for or using a Service as an individual), or the business employing the applicant (if registering for or using a Service as a business) and any of its Affiliates. The arbitral award will be final and binding, and may be entered and enforced in any court of competent jurisdiction. You will: (a) only cancel Your Transactions as permitted pursuant to the terms and conditions appearing on the Hills to Home Site at the time of the applicable order or as may be required under this Agreement or applicable Law; (b) ensure that you are the seller of each of Your Products; and (c) identify yourself as the seller of each of Your Products on all correspondence or other information included or provided in connection with Your Products and that Hills will process returns on your behalf. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE HILLS TO HOME SITE AND THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE, TIMELY, SECURE, UNINTERRUPTED, OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING BUT NOT LIMITED TO SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION, OR SETTLEMENT OF ANY TRANSACTIONS. Our current Payment Processor is Stripe, and payments are processed by Stripe in accordance with Stripes terms of service and privacy policy. As part of the Services, Hills will provide a platform to accept orders from Buyers, process payments on your behalf and fulfill orders. You are responsible for all of your expenses in connection with this Agreement. You agree that: (a) all Confidential Information will remain Hill's exclusive property; (b) you will use Confidential Information only as is reasonably necessary for your participation in the Services; (c) except as expressly permitted by this Agreement, you will not disclose Confidential Information to any other Person; (d) you will take all reasonable measures to protect the Confidential Information against any access, use or disclosure that is not expressly permitted in this Agreement and such measures will be at least as protective as those that you use to protect your own Confidential Information; and (e) you will promptly notify us in writing in the event of any loss or unauthorized access to, acquisition of, or disclosure of Hills Transaction Information or other Confidential Information. It sets them up for success, and Any controversy or claim between Hills or its Affiliates and You or your Affiliates or arising out of this Agreement or any use of the Services shall be determined by one disinterested arbitrator in binding arbitration pursuant to the Commercial Arbitration Rules and the Supplementary Procedures for Online Arbitration of the American Arbitration Association (the AAA). c. WE DISCLAIM ANY DUTIES OF A BAILEE OR WAREHOUSEMAN, AND YOU WAIVE ALL RIGHTS AND REMEDIES OF A BAILOR (WHETHER ARISING UNDER COMMON LAW OR STATUTE OR OTHERWISE), RELATED TO OR ARISING OUT OF ANY POSSESSION, STORAGE, OR SHIPMENT OF YOUR PRODUCTS BY US OR OUR AFFILIATES OR ANY OF OUR OR THEIR CONTRACTORS OR AGENTS. 8.3 In accordance with the terms of this Agreement, you authorize Hills to instruct the Payment Processor to charge Buyers payment methods, credit your Payment Processor Account, debit your Payment Processor Account, communicate information about transactions and refunds, make Payment Processor Account balance adjustments, handle disputes and chargebacks, process refunds and adjustments for your Transactions, pay Hills and its Affiliates amounts you owe in accordance with this Agreement or other agreements you may have with Hills Affiliates and utilize other Payment Processor Account features. You release us and agree to indemnify, defend, and hold harmless us, our Affiliates, and our and their respective officers, directors, employees, representatives, and agents against any claim, loss, damage, settlement, cost, expense, or other liability (including, without limitation, attorneys' fees) (each, a ". ") Cookie Consent Tool, Dominican Republic - Repblica Dominicana, Greater China - Hong Kong SAR (English). 100% guarantee or your money back (Contact Hills directly by calling 1 800-235-6877 or emailing hillstohome@hillspet.com) Easy returns directly with Hill's. A Message from Hill's regarding Covid-19. discounts are subject to change. Already have an account? We may in our sole discretion withhold for investigation, refuse to process, restrict shipping destinations for, stop, and/or cancel any of Your Transactions. means the return and refund policies published on the Hills to Home Site and applicable to Your Products offered via the Hills to Home Site. Once an order is received from a Buyer or a recurring order is scheduled to be fulfilled, Hills will fulfill the order by: (i) packaging the Hills product for shipment, (ii) transferring title of the Hills product to you, (iii) instructing the Payment Processor to charge the Purchase Price for Your Products related to Your Transactions to the Buyers payment method on your behalf, (iv) instructing the Payment Processor to credit your Payment Processor Account with the Net Sales Proceeds (as fully described in Section 5) and (vi) shipping Your Product to the Buyer. Call Paw in Hand Vet today to setup your pet's subscription! For any amounts that we determine you owe us, we may (a) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (b) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (c) reverse any credits to your bank account; or (d) collect payment or reimbursement from you by any other lawful means. The arbitration panel shall have the right to grant interim awards. If any provision of this Agreement is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these terms and conditions and will not affect the validity and enforceability of any remaining provisions. You will not make any statement that would contradict anything in this section. About our Ads. If the parties fail to appoint an arbitrator within forty-five (45) days of the institution of the arbitration, the AAA shall select the arbitrator promptly thereafter. means this Hills to Home Service Agreement, any successor thereof or any other similar agreement (as determined by Hills) between you and us that permits you to offer Your Products via the Hills to Home Site. Welcome to Hill's to Home. HOW HILL'S TO HOME WORKS Step 1 Vet opens your account with the right nutrition for your pet Step 2 You choose which products you want to order Step 3 You will receive a login and control the frequency of shipping or just place orders as you need them. "Person"means any individual, corporation, partnership, limited liability company, governmental authority, association, joint venture, division, or other cognizable entity, whether or not having distinct legal existence. means any third party warranting, administering or otherwise involved in the offer, sale, performance, or fulfillment of Your Products, including any of your employees, representatives, agents, contractors, or subcontractors. In addition, we may require that you pay other amounts to secure the performance of your obligations under this Agreement or to mitigate the risk of returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to Hills or third parties. means the schedule of fees provided to you by Hills, and any successor thereof. You release us and agree to indemnify, defend, and hold harmless us, our Affiliates, and our and their respective officers, directors, employees, representatives, and agents against any claim, loss, damage, settlement, cost, expense, or other liability (including, without limitation, attorneys' fees) (each, a "Claim") arising from or related to: (a) your actual or alleged breach of any obligations in this Agreement; (b) any of your sales channels other than the Hills to Home Site, the offer and sale of Your Products, Your Materials, any actual or alleged infringement of any Intellectual Property Rights by any of the foregoing, and any personal injury, death, or property damage related thereto; (c) Your Personnel (including any act or omission of Your Personnel or any Claim brought or directed by Your Personnel); or (d) Your Taxes. The term of this Agreement will start on the date of your completed registration for or use of the Service, whichever occurs first, and continue until terminated by us or you as provided in this Agreement (the"Term"). Please check your log in information and try again. If for any reason, the Payment Processor is unable or does not charge Payment Processor Fees to your Payment Processor Account, and said fees are charged to Hills, Hills shall invoice you for such fees and you agree to pay said fees on your current Hills payment terms. We will be responsible for and have sole discretion regarding all customer service issues relating to packaging, handling and shipment, and returns, refunds, and adjustments related to Hills to Home Fulfillment Units. You agree that Hills may, at any time and in its sole discretion, and without any notice to you change Payment Processors without any liability to you. VeterinarianAnimal Hospital of Dauphin CountyHarrisburg, As part of the application, you must: (i) provide us with your (or your business's) Hills ship to account number, zip code, email address, first and last name, qualification, phone number and any other information reasonably requested; and (ii) establish an account with the Payment Processor for the purpose of receiving payments from Buyers and making payment to Hills. BY REGISTERING FOR OR USING THE SERVICES, YOU (ON BEHALF OF YOURSELF OR THE BUSINESS YOU REPRESENT) AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. Login to your Hillspet.com account to get access to special offers, write reviews and receive personalized content. Account # question Email Address question Clinic Shipping Zip Code You will use only a name you are authorized to use in connection with the Services and will update all of the information you provide to us in connection with the Services as necessary to ensure that it at all times remains accurate, complete, and valid. "Law"means any law, ordinance, rule, regulation, order, license, permit, judgment, decision, or other requirement, now or in the future in effect, of any governmental authority (e.g., on a federal, state, or local level, as applicable) of competent jurisdiction. To learn more please see our cookie . You may terminate this Agreement for any reason at any time by notice to us. Your partner in keeping pets healthy. You are responsible for all of your expenses in connection with this Agreement. 8.1 We use a third party payment processor (Payment Processor) to process payments from Buyers to you and you to Hills. "Service Fee"means the applicable fee based on the MSRP of Your Products from Your Transaction through the Hills to Home Site specified on the Fee Schedule at the time of Your Transaction. We will receive orders from Buyers for Your Products via the Hills to Home Site. We use cookies and similar technologies to understand how you use our website and to create more valuable experiences for you. Hills obligation to instruct remittance of funds is limited to funds that have actually been received less amounts owed to Hills, and any sales and use taxes that Hills automatically calculates, collects and remits to a tax authority, subject to chargeback or reversal or withheld for anticipated claims in accordance with this Agreement. Our current Payment Processor is Stripe, and payments are processed by Stripe in accordance with Stripes terms of service and privacy policy. We may amend any of the terms and conditions contained in this Agreement at any time and at our sole discretion. We will send all notices and other communications regarding this Agreement to you at the e-mail addresses you designated for notifications and updates in your program application or within Hills to Home Administration or by any other means then specified by Hills. Clicks on "Create a nutritional Plan". Fee details are described in the applicable Fee Schedule. means the website, the primary home page of which is identified by the url www.hillstohome.com, and any successor or replacement of such website. You will bear the risk of credit card fraud (i.e., a fraudulent purchase arising from the theft and unauthorized use of a third party's credit card information) occurring in connection with Your Transactions and all other risk of fraud or loss. Funeral services celebrating the life of Mrs. Betty J. Hill, 89, of Archibald, LA will be held at 2:00 P.M. Thursday, March 16, 2023, in the chapel of Mulhearn Funeral Home Rayville, LA with Rev. without ongoing effort, Offer e-commerce - the way pet parents If we determine that your actions or performance may result in excessive returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to Hills or third parties, then we may in our sole discretion instruct the Payment Processor to withhold any payments to you for as long as we determine any related risks to Hills or third parties persist. Because Hills is not your agent or the Buyers agent for any purpose, Hills will not act as either party's agent in connection with resolving any disputes between participants related to or arising out of any transaction. You will ensure that all of your information is up to date and accurate at all times. IF FOR ANY REASON THE ARBITRATION CLAUSE SET FORTH IN THIS AGREEMENT IS DEEMED INAPPLICABLE OR INVALID, OR TO THE EXTENT THE ARBITRATION CLAUSE ALLOWS FOR LITIGATION OF DISPUTES IN COURT, YOU AND HILLS BOTH WAIVE, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY RIGHT TO PURSUE OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY. We may terminate or suspend this Agreement for any reason at any time by notice to you. We use a third party payment processor (. means any law, ordinance, rule, regulation, order, license, permit, judgment, decision, or other requirement, now or in the future in effect, of any governmental authority (e.g., on a federal, state, or local level, as applicable) of competent jurisdiction. 9. through our secure, mobile-friendly website. Hawaii which have a surcharge of $1.00/item. Except as described in Section 2.4, (i) all transactions with Buyers are between you and the Buyer, and you will be the seller of record and (ii) Hills is not a party to any transactions although Hills will provide the Services in connection with the transactions as set forth herein. We may also communicate with you electronically and in other media, and you consent to such communications regardless of any "E-mail Preferences" (or similar preferences or requests) you may have indicated on the Hills to Home Site or by any other means. Register Your Account For first-time registration to Hill's to Home for existing Hill's veterinary customers. This Agreement incorporates and you accept the applicable Program Policies, Hills Pet Nutrition Sales, Inc. Veterinary Practice General Conditions of Sale, and the Hills Pet Nutrition Sales, Inc. Standard Commercial Terms which Hills may modify from time to time. If any such requests are made before an arbitration panel is empaneled, then the AAA shall appoint one disinterested arbitrator as an arbitration panel to immediately hear and decide such request. You agree that: (a) all Confidential Information will remain Hill's exclusive property; (b) you will use Confidential Information only as is reasonably necessary for your participation in the Services; (c) except as expressly permitted by this Agreement, you will not disclose Confidential Information to any other Person; (d) you will take all reasonable measures to protect the Confidential Information against any access, use or disclosure that is not expressly permitted in this Agreement and such measures will be at least as protective as those that you use to protect your own Confidential Information; and (e) you will promptly notify us in writing in the event of any loss or unauthorized access to, acquisition of, or disclosure of Hills Transaction Information or other Confidential Information. We may in our sole discretion withhold for investigation, refuse to process, restrict shipping destinations for, stop, and/or cancel any of Your Transactions. HOW HILL'S TO HOME WORKS Step 1 Vet opens your account with the right nutrition for your pet Step 2 You choose which products you want to order Step 3 means the applicable fee for Hills administration of refunds relating to Your Transactions as set forth on the Fee Schedule. If any such requests are made before an arbitration panel is empaneled, then the AAA shall appoint one disinterested arbitrator as an arbitration panel to immediately hear and decide such request. If we provide a replacement Unit or refund as described inSection 7.2to a Buyer and that Buyer returns the original Unit to us, we will be entitled to dispose of the original Unit if we determine, in our sole discretion, that it is an Unsuitable Unit. 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