HomeAgain® - Always looking out for your pet

HomeAgain Website Terms of Use Agreement
Welcome to www.homeagain.com ("Site"), which is owned and operated by Schering-Plough Home Again LLC ("Schering"). The following Subscriber Terms of Use Agreement ("Subscriber Agreement") governs your access to and use of the Site and the HomeAgain services made available to you by Schering ("Services"). Please review the entire Site Agreement carefully. By checking the box that appears beneath the Subscriber Agreement when you enroll online for any of the Services, you electronically sign the Subscriber Agreement and agree to be legally bound by all of the terms, conditions and notices contained or referenced herein.

1. Acceptance of Terms

   1. Electronic Signature.
      
      The Subscriber Agreement is an electronic contract that governs your use of and access to the Site and Services. By checking the box on the enrollment screen, you acknowledge that you understand and agree to be legally bound by the Subscriber Agreement and the terms, conditions and notices contained or referenced herein. Checking the box creates an electronic signature that has the same legal force and effect as a handwritten signature.

   2. Electronic Form.
      
      When you check the box on the enrollment screen indicating your acceptance of the Subscriber Agreement, you also consent to have the Subscriber Agreement provided to you in electronic form and agree to receive information about your account electronically. Schering reserves the right to send you information about your account by postal mail.

   3. Non-electronic Copy.
      
      You have the right to receive the Subscriber Agreement in non-electronic form. You may request a non-electronic copy of the Subscriber Agreement either before or after you electronically sign it. To receive a non-electronic copy of the Subscriber Agreement, please send an e-mail to customerservice@homeagain.com or a letter and self-addressed stamped envelope to:

      Director of Customer Service
      Schering-Plough Home Again LLC
      2000 Galloping Hill Road, M/S BH-600
      Kenilworth, NJ 07033
      

   4. Withdrawing Your Consent.
      
      Withdrawing Your Consent. You have the right at any time to withdraw your consent to have the Subscriber Agreement provided to you in electronic form.

   5. Effect.
      
      Should you choose to withdraw your consent to have the Subscriber Agreement provided to you in electronic form, you will no longer be enrolled in the Services and you will not be able to access password-protected areas of the Site. We only will re-enroll you in the Services and issue you a new username and password for the Site after we receive a signed copy of a non-electronic version of the Subscriber Agreement and the enrollment form, which we will send to you upon request.

   6. Notice.
      
      To withdraw your consent and/or request a non-electronic copy of the Subscriber Agreement, please send an email to customerservice@homeagain.com or a letter and self-addressed stamped envelope to:

      Director of Customer Service
      Schering-Plough Home Again LLC
      2000 Galloping Hill Road, M/S BH-600
      Kenilworth, NJ 07033
      

   7. Prospective Nature.
      
      Your withdrawal of consent will be effective within a reasonable time after Schering receives the notice described above, and it will not affect any action taken in reliance on your consent or the continuing enforceability of the Subscriber Agreement.

   8. Access and Retention.
      
      Access and Retention. In order to access and retain the Subscriber Agreement, you must have access to the World Wide Web, either directly or through devices that access Web-based content, and pay any service fees associated with such access. In addition, you must use all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.

   Please print a copy of the Subscriber Agreement for your records. To retain an electronic copy of the Subscriber Agreement, you may save it into any word processing program. We will notify you of any changes in the hardware or software requirements needed to access or retain the Subscriber Agreement that create a material risk that you will not be able to continue to access or retain it.

2. Obligations

   You are required to comply with all applicable laws in connection with your access to and use of the Site and Services, and such further limitations as may be set forth in any written or on-screen notice from Schering. As a condition of your access to and use of the Site and Services, you warrant that you will not use the Site or Services for any purpose that is unlawful or prohibited by the Subscriber Agreement. Use of the Site is for your personal and non-commercial use, and Schering does not grant any express or implied rights to use the Site for any other purpose.

3. Data Privacy

   You authorize Schering to collect, use and share your personal information in accordance with the HomeAgain Privacy Policy

4. Billing Terms

   When you enroll in the Service, you authorize Schering to charge your credit card for the activation fee and annual subscription fee stated on the enrollment and authorization form for the Services, as well as for any and all other fees you may incur in connection with your utilization of the Services. You further authorize Schering to charge your credit card automatically on a recurring basis each year for the then-current annual subscription fee. Schering will advise you by electronic mail or in writing at least ten (10) days in advance of the annual renewal date of any change in the subscription fee. You understand that, once charged, subscription fees for the Services are non-refundable. You agree and represent that all information you provide for the purpose of enrolling in the Services is accurate, complete and current, and you agree to notify Schering of any changes to your credit card information, including changes in billing address and expiration dates. If Schering does not receive payment from the issuer of your credit card, you agree to pay all amounts due upon demand directly to Schering, and Schering further reserves the right to either suspend or terminate your subscription in such circumstances. In the event of any failure by you to make payment, you will be responsible for all reasonable expenses (including attorneys' fees) incurred by Schering in collecting such amounts. In the event you supply a promotion code for the purpose of obtaining a discounted subscription fee, Schering will determine your eligibility for such discount. Any such determination by Schering shall be in Schering’s sole discretion. In the event you supply a promotion code and Schering determines that you are ineligible for the discounted subscription fee, you will be charged the non-discounted subscription fee stated on the authorization form. You understand that you may terminate this authorization at any time by calling Schering at 1-888-HOMEAGAIN. Any such termination will become effective within three (3) business days after Schering receives your call, and it will not affect any action taken in reliance on your consent or the continuing enforceability of the Subscriber Agreement.

5. No Professional Advice

   The Site is offered as a service to pet owners. Any health-related information supplied through the Site or by any employee or agent of Schering, whether by telephone, e-mail, letter, facsimile, or other form of communication, is not intended to be a substitute for professional medical advice, diagnosis or treatment, and it is important that you not make medical decisions without first consulting a licensed veterinarian. You should never disregard professional medical advice or delay in seeking such advice because of something you have read on the Site. IF YOU HAVE A MEDICAL EMERGENCY OR NEED IMMEDIATE MEDICAL TREATMENT FOR YOUR PET, PLEASE CONSULT AN ANIMAL HOSPITAL OR EMERGENCY VETERINARY FACILITY.

6. Copyrights

   All copyright rights in the text, images, photographs, graphics, user interface, and other content provided on the Site, and the selection, coordination, and arrangement of such content ("Content"), are owned by Schering or its third-party licensors to the full extent provided under the United States Copyright Act and all international copyright laws. Except as otherwise indicated, you are authorized to make use of the Content for educational and non-commercial purposes only, provided that you maintain all copyright and other notices posted along with the Content. Any reproduction, copying, or redistribution of the Content for commercial purposes is strictly prohibited without Schering’s prior written consent. Requests for permission to reproduce any Content must be made in writing to:

Schering-Plough Home Again LLC
300 Connell Drive
Berkeley Heights, NJ 07922.


7. Trade and Service Mark Rights

   All rights in the product names, company names, trade names, logos, product packaging, and designs of all Schering or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to Schering or their respective owners and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Site confers on you any license or right under any patent or trademark of Schering or any third party.

8. Visitor Material

   Other than personal information, which is covered under the HomeAgain Privacy Policy, any material you transmit or post to the Site shall be considered non-confidential and non-proprietary. Schering does not claim ownership of any information or material you transmit, distribute, post, communicate or store on, to or through the Site. However, by submitting or posting information or material on, to or through the Site, Schering shall be free to copy, disclose, distribute, incorporate, and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes. No compensation will be paid with respect to the use of this material.

   You agree not to transmit, distribute, post, communicate or store information or other material on, to or through the Site that:

   1. is copyrighted, unless you are the copyright owner;

   2. infringes on any other intellectual property rights of others or on the privacy or publicity rights of others;

   3. is obscene, defamatory, threatening, harassing, abusive, hateful, slanderous or embarrassing to any other person or entity as determined by Schering in its sole discretion;

   4. constitutes advertisements or solicitations of business, surveys, contests, chain letters or pyramid schemes; or

   5. contains viruses, Trojan horses, worms, time bombs, or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.

   By using this site, you understand and agree that Schering may at any time monitor, review, use, or disclose any content or communication posted or transmitted by, to, or from you on the Site. You further understand and agree that Schering may use or disclose any information related to you (including content or communications posted or transmitted on the Site) for any reason related to the operation of the Site, in order to investigate, prevent, or take action regarding activities that may be prohibited or unlawful, to exercise our legal rights under the Agreement, or otherwise to protect the rights and property of Schering or any third party.

9. Subscription Information

   To enroll in any of the Services, you are required to complete an enrollment form to subscribe to the Services and obtain access to password-protected areas of the Site. You must complete the registration process by providing us with current, complete and accurate information as prompted by the online enrollment form. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Schering immediately of any unauthorized use of your account or any other breach of security. Schering will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Schering or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.

10. Prohibited Uses Generally

    Without limiting the foregoing, you agree not to:

    1. use any incomplete, false or inaccurate biographical information or other information for purposes of subscribing to the Services, or for purposes of registering for any promotions offered through the Site;

    2. delete or revise any material or other information of any other user or HomeAgain

    3. harvest or otherwise collect information about others, including e-mail addresses, without their consent;

    4. take any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure;

    5. use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site;

    6. use or attempt to use any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than the search engine and search agents available from HomeAgain on the Site and other than generally available third-party web browsers (e.g., Netscape Navigator and Microsoft Internet Explorer);

    7. allow any other person or entity to use your username or password for posting or viewing comments or sending or receiving materials; or

    8. attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Site.

    You further agree not to violate or attempt to violate the security of the Site, including, without limitation:

    1. accessing data not intended for you or logging into a server or account that you are not authorized to access;

    2. attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or

    3. attempting to interfere with service to any user, host or network.

    Violations of system or network security may result in civil or criminal liability. Schering will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. In accordance with our Privacy Policy, Schering reserves the right to disclose any information necessary in order to investigate, prevent, or take action regarding illegal activities and to exercise our legal rights under the Subscriber Agreement.

11. Third-Party Content and Links to Third-Party Web Sites

    The Site may contain third-party owned content and links to other websites ("Linked Sites"). Schering does not endorse, sponsor, recommend, or otherwise accept responsibility for any Linked Sites. In addition, Linked Sites are not under the control of Schering, and Schering is not responsible for the content or privacy practices of the Linked Sites, including, without limitation, links contained on Linked Sites or any changes or updates to Linked Sites. Schering is providing third-party content and Linked Sites to you only as a convenience, and the inclusion of such third-party content and Linked Sites is not an endorsement by Schering in favor of any third party. Schering may, in its sole discretion, review content posted to the Site by third parties. However, Schering has no obligation to review or maintain third-party postings to the Site, and may change or remove such postings at any time.

12. Notice of Copyright Infringement

    If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, please provide Schering’s Copyright Agent with the following information:

    1. identification of the copyrighted work claimed to have been infringed;

    2. identification of the allegedly infringing material on the Site that is requested to be removed;

    3. your name, address, and daytime telephone number, and an e-mail address if available, so that Schering may contact you if necessary;

    4. a statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;

    5. a statement that the information in the notification is accurate and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and

    6. an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.

    Schering’s Copyright Agent for notice of claims of copyright infringement on the Site is Linda Block who can be reached as follows:

    Schering-Plough Home Again LLC
    300 Connell Drive
    Berkeley Heights, NJ 07922
    

    Schering will remove any content that infringes upon the copyright of any person under the laws of the United States upon receipt of such a statement (or, more specifically, any statement in conformance with 17 U.S.C. § 512(c)(3)). United States law provides significant penalties for submitting such a statement falsely.

13. Disclaimer of Warranties

    WHILE SCHERING TAKES REASONABLE STEPS TO ENSURE THAT THE INFORMATION ON THE SITE IS CORRECT, SCHERING DOES NOT WARRANT THE ACCURACY AND COMPLETENESS OF THE MATERIAL ON THE SITE. SCHERING MAY MAKE CHANGES TO THE MATERIAL ON THE SITE, OR TO THE PRODUCTS AND PRICES DESCRIBED IN IT, AT ANY TIME WITHOUT NOTICE. THE MATERIAL ON THE SITE MAY BE OUT OF DATE, AND SCHERING MAKES NO COMMITMENT TO UPDATE SUCH MATERIAL.

    THE SERVICES AND THE SITE ARE PROVIDED "AS IS." SCHERING MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER RELATING TO THE SERVICES, THE SITE, LINKED SITES, OR OTHER CONTENT THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SITE. SCHERING DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES.

    WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SCHERING DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL (a) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (b) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (c) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SITE, (d) WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA MADE AVAILABLE ON THE SITE OR OTHERWISE BY SCHERING, AND (e) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY SCHERING OR ANY THIRD PARTY. FURTHER, THERE IS NO WARRANTY THAT THE SITE OR SERVICES WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON.

    SCHERING MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, (a) THAT THE INFORMATION PROVIDED THROUGH THE SITE WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; (b) THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (c) THAT DEFECTS OR ERRORS IN THE SITE WILL BE CORRECTED; OR (d) THAT THE CONTENT ON THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND SCHERING DISCLAIMS ALL RESPONSIBILITY FOR THESE CHANGES.

    SCHERING MAKES NO WARRANTIES OR REPRESENTATIONS RELATING TO THIRD-PARTY CONTENT OR CONTENT ON LINKED SITES. ANY AND ALL PRICING, DELIVERY, OR CONTRACT INFORMATION IS SUBJECT TO FINAL CONFIRMATION BY SCHERING. YOUR RELIANCE ON SUCH INFORMATION PROVIDED SOLELY THROUGH THE SITE IS AT YOUR OWN RISK.

14. Limitation of Liability

    IN NO EVENT WILL SCHERING OR ITS AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE AND SERVICES BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE SITE, SERVICES, OR ANY LINKED SITES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ANOTHER USER RELATED TO OR ARISING FROM, OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, YOU RELEASE SCHERING FROM ANY CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH A DISPUTE.

    These limitations apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Schering has been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, Schering’s liability in such jurisdictions shall be limited to the extent permitted by law.

15. Indemnification

    YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS SCHERING AND THIRD PARTIES WHO CONTRIBUTE TO THE SITE AND SERVICES FROM ANY LOSS, DAMAGE, OR COST (INCLUDING ATTORNEYS' FEES) RESULTING FROM YOUR VIOLATION OF THE SUBSCRIBER AGREEMENT OR ANY ACTIVITY RELATED TO YOUR ACCOUNT.

16. Choice of Law and Forum

    The Subscriber Agreement is subject to the laws of the State of New Jersey. If there is any dispute between us concerning the Subscriber Agreement or your access to or use of the Site or Services, we both agree to submit the dispute to non-binding mediation, followed by binding arbitration. Both the mediation and the arbitration will be governed under the rules of the American Arbitration Association, and the venue for the arbitration will be New Jersey.

17. Termination

    Schering reserves the right, in its sole discretion, to terminate your access to and use of the Site and Services, with or without notice. Sections 4, 7, 8, 14, 15, and 16 of the Subscriber Agreement shall survive termination.

18. No Waiver

    The failure of Schering to enforce any provisions of the Subscriber Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of the Subscriber Agreement or to act with respect to similar breaches.

19. Miscellaneous

    You agree that no joint venture, partnership, employment, or agency relationship exists between you and Schering as a result of the Subscriber Agreement or your access to and use of the Site and Services. A printed version of the Subscriber Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Subscriber Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Unless otherwise specified herein, the Subscriber Agreement constitutes the entire agreement between you and Schering and governs your use of the Site and Services. If any portion of the Subscriber Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.

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