Welcome to the BRING PETS HOME website, located at www.bringpetshome.com (the “Site”), which is owned and operated by Schering-Plough Home Again LLC (“Schering”). BRING PETS HOME is a not-for-profit organization that raises money for animal shelters across the country. Our mission is to support shelters’ tireless efforts to provide care for pets in need—until they find loving homes or are reunited with their original owners. You can help us fulfill this mission by using the Site to shop with your favorite merchants.

The following Terms & Conditions (“Agreement”) governs your access to and use of the Site. Schering reserves the right to change the Agreement at any time at its sole discretion. The most current version of the Agreement can be reviewed by clicking on the “Terms and Conditions” hypertext link located at the bottom of the Site. You should check the Site from time to time to review the then current Agreement because it is binding on you. Your continued use of the Site constitutes your acceptance of any changes to the Agreement.

1. Generating Referral Fees

The Site offers links to websites owned and operated by third-party merchants that pay a referral fee to the BRING PETS HOME program if visitors purchase certain goods or services from such merchants’ websites. You can direct referral fees from these merchants to one of several shelters or to BRING PETS HOME, a not-for-profit, all of which are dedicated to providing care for pets in need.

To direct a referral fee, you must first register on the Site and choose the shelter to which you want the referral fee sent (or you can choose BRING PETS HOME and it will distribute the funds). To generate a referral fee, you will need to follow a link on the Site to a merchant’s website, make a purchase, accept delivery, and pay the merchant. The merchant will then make a payment to BRING PETS HOME that will be directed to the organization of your choosing. The amount paid by a merchant to the program varies depending on the item or service you purchased, and such payments may be subject to other terms and conditions, including adjustment in the event of returns.

Please note that you must visit our site and follow links to the merchants’ sites prior to visiting such members’ sites and making such purchases; otherwise, the organization of your choosing will not receive credit for your purchase. We suggest that you bookmark the homepage of our Site for future shopping.

2. No Responsibility for Third-Party Content

Schering does not endorse, sponsor, recommend, or otherwise accept responsibility for any of the third-party sites listed on the Site (“Linked Sites”). 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 to Linked Sites. The inclusion of Linked Sites on the Site is not an endorsement by Schering in favor of any third party.

3. Privacy

Your use of the Site will be governed by our Privacy Policy. By visiting our website, you indicate that you understand and consent to the information collection, use, and disclosure practices described in our Privacy Policy.

4. Applicable Laws

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

5. Registration

You are required to register on the Site to direct funds to a particular shelter or BRING PETS HOME. As part of this registration process, you agree to provide accurate, current and complete information about yourself as prompted in the registration form and you agree to promptly update this information if it changes. Schering has the right to suspend or terminate your account and refuse any and all current or future use of its service if it suspects that such information is inaccurate or incomplete.

6. Security

You are responsible for maintaining the confidentiality of any password and username you are given to access the Site, and you are fully responsible for all activities that occur under your password or account.

7. 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.

8. 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.

9. Prohibited Uses Generally

By using the Site, you agree not to:

(a) delete or revise any material or other information of any other user or of the Site;
(b) take any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure;
(c) 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;
(d) use or attempt to use any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, robots, avatar’s or intelligent agents) to navigate or search the Site other than the search engine and search agents available on the Site and other than generally available third-party web browsers (e.g., Microsoft Internet Explorer); or
(e) 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:

(a) accessing data not intended for you or logging into a server or account that you are not authorized to access;
(b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or
(c) attempting to interfere with service to any user, host, or network.

Violations of system or network security may result in civil or criminal liability. In accordance with this Agreement, Schering will investigate and work with law enforcement authorities to prosecute users who are involved in such violations.

10. Disclaimer of Warranties

THE SITE IS PROVIDED "AS IS." SCHERING MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER RELATING TO 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 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 THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND SCHERING DISCLAIMS ALL RESPONSIBILITY FOR THESE CHANGES.

11. Limitation of Liability

IN NO EVENT WILL SCHERING OR ITS AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE 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 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.

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.

12. Indemnification

You agree to defend, indemnify, and hold harmless Schering and third parties who contribute to the Site from any loss, damage, or cost (including attorneys' fees) resulting from your violation of the Agreement.

13. Choice of Law and Forum

The Agreement is subject to the laws of the State of New Jersey. If there is any dispute between us concerning the Agreement or your access to or use of the Site, 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.

14. Termination

Schering reserves the right, in its sole discretion, to terminate your access to and use of the Site, with or without notice. Sections 7, 8, 10, 11, and 12 of the Agreement shall survive termination.

15. Miscellaneous

The failure of Schering to enforce any provisions of the 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 Agreement or to act with respect to similar breaches. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Schering as a result of the Agreement or your access to and use of the Site. A printed version of the Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the 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 Agreement constitutes the entire agreement between you and Schering and governs your use of the Site. If any portion of the 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.