vet.hillstohome.com Open in urlscan Pro
2a02:26f0:e300::211:93ab  Public Scan

Submitted URL: https://vet.hillstohome.com/
Effective URL: https://vet.hillstohome.com/hillsv2cstorefront/login
Submission: On June 02 via api from US — Scanned from DE

Form analysis 6 forms found in the DOM

POST /hillsv2cstorefront/j_spring_security_check

<form id="login-returning" commandname="loginForm" class="login-form" action="/hillsv2cstorefront/j_spring_security_check" method="post" autocomplete="off">
  <h4>Log in to your Clinic Account</h4>
  <div class="login-info"> Welcome to Hill's to Home. To login, please enter your email address and password.</div>
  <div id="tAndcError"><span class="errorMessage"></span></div>
  <div class="form-group">
    <label for="loginInputEmaillbl"> Email Address</label>
    <input type="text" name="j_username" id="vetusername" class=" form-control placeholder-input" placeholder="Email">
    <span class="errorMessage"></span>
  </div>
  <div class="form-group">
    <label for="loginInputPwdlbl"> Password</label>
    <input type="password" name="j_password" id="vetpassword" class=" form-control placeholder-input" placeholder="Password">
    <span class="errorMessage"></span>
  </div>
  <div>
    <input type="submit" id="vetUserLogin" name="vetUserLogin" class="btn btn-disable" role="button" value="Log In ">
  </div>
  <div class="forgot-pwd">
    <a href="javascript:void(0);" id="forgotpwdclick">Forgot email or password?</a>
  </div>
  <input type="hidden" name="_requestConfirmationToken" value="74d9e59e0a494f3819b28ff54723e8b7843c7605">
</form>

Name: login-new-usersPOST

<form id="login-new-users" name="login-new-users" class="login-form" method="post" autocomplete="off">
  <h4>Register Your Account</h4>
  <div class="login-info">For first-time registration to Hill's to Home for existing Hill's veterinary customers.</div>
  <div class="duplicateUser"><span></span>
    <p></p>
  </div>
  <div class="form-group">
    <label for="customerId" class="accountLbl">Account #&nbsp;
      <a name="customerId" href="#customerId" class="icon question" onmouseover="getElementById('billingimage').style.display = 'block'" onmouseout="getElementById('billingimage').style.display = 'none'" style="cursor: default;">question</a>
      <div id="billingimage" class="billingimage">
        <span class="billing-image-text">Your billing account number can be found on your invoice (see example to the right). It is usually the same as your shipping account number.</span>
        <span class="billing-image-graphic">
          <img src="/hillsv2cstorefront/_ui/responsive/common/images/billingid_small.png">
        </span>
      </div>
    </label>
    <input type="text" name="customerId" id="customerId" value="" class="form-control placeholder-input" placeholder="Acct">
    <span class="errorMessage"></span>
  </div>
  <div class="form-group">
    <label for="email"> Email Address&nbsp;
      <a href="#email" class="icon question" title="If you do not know the current e-mail address associated with your account, or you want to register a new e-mail address, enter the new e-mail address here." style="cursor: default;">question</a>
    </label>
    <input type="email" id="email" name="email" value="" class="form-control placeholder-input" placeholder="Email">
    <span class="errorMessage"></span>
  </div>
  <div class="form-group">
    <label for="zip">Clinic Shipping Zip Code</label>
    <input type="text" name="zip" class="form-control placeholder-input" value="" id="zip" placeholder="Zip Code">
    <span class="errorMessage"></span>
  </div>
  <div>
    <input type="submit" value="Continue" id="newUserPopupOwn" name="newUserPopupOwn" class="btn btn-disable" role="button">
  </div>
  <input type="hidden" name="_requestConfirmationToken" value="74d9e59e0a494f3819b28ff54723e8b7843c7605">
</form>

<form class="login-form">
  <h4>Application to be a Hill's Customer</h4>
  <div class="login-info">Welcome to Hill's to Home. If you are a veterinary practice that is not a current Hill's customer, please submit your account application below or visit
    <a href="https://www.hillsvet.com/" id="hillsvetLink" target="_blank">HillsVet.com</a></div>
  <div class="">
    <a href="/hillsv2cstorefront/literature-landing/register-application" id="applicaFormLink">Application Form</a>
  </div>
  <input type="hidden" name="_requestConfirmationToken" value="74d9e59e0a494f3819b28ff54723e8b7843c7605">
</form>

<form><input type="hidden" name="_requestConfirmationToken" value="74d9e59e0a494f3819b28ff54723e8b7843c7605"></form>

Name: forgotformPOST

<form name="forgotform" id="forgotform" method="post" autocomplete="off">
  <div class="incorrectUser">
    <!-- <div class="FL" id="errImg"></div> -->
    <div class="FL" style="width: 90%;" id="errMsg">
      <p style="margin-top: -5px;"></p>
    </div>
    <div class="clr"></div>
  </div>
  <div class="form-group">
    <label for="email">Email</label>
    <input type="email" class="form-control resetpassword-email" id="email" name="email" aria-describedby="emailHelp" placeholder="Enter email">
    <span class="errorMessage"></span>
  </div>
  <!-- <a href="#forgotPwdInst" role="button" class="btn btn-primary-blue btn-right btn-reset-pwd" data-toggle="modal">Reset Password</a> -->
  <input type="submit" value="Reset Password" role="button" id="resetPassword" name="resetPassword" class="btn btn-primary-blue btn-right btn-reset-pwd">
  <p class="clear">If you do not know your email address or no longer have access to the account you used to register, please contact us at <a href="mailto:hillstohome@hillspet.com">hillstohome@hillspet.com</a> or
    <a href="tel:1-800-235-6877">1-800-235-6877</a>.</p>
  <input type="hidden" name="_requestConfirmationToken" value="74d9e59e0a494f3819b28ff54723e8b7843c7605">
</form>

Name: accessiblityForm

<form name="accessiblityForm">
  <input type="hidden" id="accesibility_refreshScreenReaderBufferField" name="accesibility_refreshScreenReaderBufferField" value="">
  <input type="hidden" name="_requestConfirmationToken" value="74d9e59e0a494f3819b28ff54723e8b7843c7605">
</form>

Text Content

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THE HILL'S TO HOME WEBSITE WILL BE DOWN FOR SCHEDULED MAINTENANCE FROM 9PM CST
JUNE 5TH, TO 9AM CST JUNE 6TH. THANK YOU FOR BEING PART OF THE HILL'S TO HOME
FAMILY.

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Previous Next

LOG IN TO YOUR CLINIC ACCOUNT

Welcome to Hill's to Home. To login, please enter your email address and
password.

Email Address
Password

Forgot email or password?

REGISTER YOUR ACCOUNT

For first-time registration to Hill's to Home for existing Hill's veterinary
customers.



Account #  question
Your billing account number can be found on your invoice (see example to the
right). It is usually the same as your shipping account number.
Email Address  question
Clinic Shipping Zip Code


APPLICATION TO BE A HILL'S CUSTOMER

Welcome to Hill's to Home. If you are a veterinary practice that is not a
current Hill's customer, please submit your account application below or visit
HillsVet.com
Application Form


RESET YOUR PASSWORD

×

Please enter your clinic account email address. Instructions on how to reset
your password will be sent to this address.

Email

If you do not know your email address or no longer have access to the account
you used to register, please contact us at hillstohome@hillspet.com or
1-800-235-6877.

Modal content

RESET YOUR PASSWORD

×

If you have an account with Hill's to Home, you will receive an email to reset
your password soon. If you continue to have any problems, please reach out to us
at hillstohome@hillspet.com or 1-800-235-6877.

Continue
Modal content

REGISTER YOUR ACCOUNT

×

Thank you for verifying your account. Please check your email for an activation
link.

Finish
×


HILL'S TO HOME SERVICE AGREEMENT

Hill’s to Home Service Agreement

 

Last Updated September 30, 2021.

 

THIS HILL’S TO HOME SERVICE AGREEMENT (THE "AGREEMENT") CONTAINS THE TERMS AND
CONDITIONS THAT GOVERN YOUR ACCESS TO AND USE OF THE SERVICES AND IS AN
AGREEMENT BETWEEN YOU OR THE BUSINESS YOU REPRESENT AND HILL’S. 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.

 

You agree to receive communication from Hill’s about products, offers and
programs, until you notify Hill’s otherwise, including via text message,
facsimile, telephone or other similar means.

 

As used in this Agreement, "we," "us," and "Hill’s" means Hill’s 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. Capitalized terms have the meanings given to them in
this Agreement. If there is a conflict among terms in this Agreement, Program
Policies, and such other terms and conditions referenced herein, the order of
priority for resolving such conflict shall be: (i) Program Policies, (ii) this
Agreement, (iii) Hill’s Pet Nutrition Sales, Inc. Veterinary Practice General
Conditions of Sale, and (iv) the Hill’s Pet Nutrition Sales, Inc. Standard
Commercial Terms.

 

Hill’s Role.  Hill’s, through the Hill’s to Home Site, provides the Services to
allow you to sell Hill’s products to third party buyers (“Buyers”) on a one-time
or subscription basis.  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) Hill’s is not a party to any transactions although Hill’s will provide
the Services in connection with the transactions as set forth herein. As part of
the Services, Hill’s will provide a platform to accept orders from Buyers,
process payments on your behalf and fulfill orders.

 

1. Enrollment.

To begin the enrollment process, you must complete the registration process. Use
of the Services is limited to parties that can lawfully enter into and form
contracts under applicable Law. As part of the application, you must: (i)
provide us with your (or your business's) Hill’s 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 Hill’s. We may at any time cease providing any or all of the Services
at our sole discretion and without notice.

 

2. Sales




2.1 Product Information.  You will ensure that Your Materials and your offer and
subsequent sale of any of Your Products utilizing the Services comply with all
applicable Laws.  You will set the selling price of Your Products and may modify
the selling price of Your Products at your sole discretion.

 

2.2 Order Processing.  We will receive orders from Buyers for Your Products via
the Hill’s to Home Site. If the order received from Buyer states that the order
is recurring, Hill’s will fulfill the recurring orders at the frequency and
until such time as directed by the Buyer unless the Buyer subsequently cancels
future orders.

 

2.3 Order Fulfillment.  Once an order is received from a Buyer or a recurring
order is scheduled to be fulfilled, Hill’s will fulfill the order by: (i)
packaging the Hill’s product for shipment, (ii) transferring title of the Hill’s
product to you, (iii) instructing the Payment Processor to charge the Purchase
Price for Your Products related to Your Transactions to the Buyer’s 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. When Your Product is
shipped to the Buyer, title will pass to the Buyer. 

 

You will: (a) only cancel Your Transactions as permitted pursuant to the terms
and conditions appearing on the Hill’s 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
Hill’s will process returns on your behalf.

 

All Hill’s products sold to you are pursuant to the Hill’s Pet Nutrition Sales,
Inc. Veterinary Practice General Conditions of Sale, and the Hill’s Pet
Nutrition Sales, Inc. Standard Commercial Terms, incorporated herein by
reference, to the extent those conditions and terms are not superseded by this
Agreement.

 

2.4 Change in Seller.  If an order is received from a Person or a recurring
order is scheduled to be fulfilled and Hill’s is not able to transfer title of
the Hill’s product to you, then Hill’s will attempt to fulfill the order to the
Person by directly selling the Hill’s product to the Person. You will: (i) not
be the seller of the Hill’s product to the person; (ii) not receive Net Sales
Proceeds for this transaction; and (iii) not be charged Service Fees, Hill’s
List Price for the product, shipping fees, or sales and use taxes.   

 

2.5 Fraud. 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. We may in our sole discretion withhold for investigation,
refuse to process, restrict shipping destinations for, stop, and/or cancel any
of Your Transactions. You will refund any Person (in accordance with Section 3)
that has been charged for an order that we stop or cancel.

 

3. Cancellations, Returns, and Refunds. The Hill’s to Home Refund Policies will
apply to Your Products. Hill’s will promptly accept, calculate, and process
cancellations, returns, refunds, and adjustments related to Your Products in
accordance with this Agreement and the Hill’s to Home Refund Policies. 

 

4. Compensation.

You will pay us: (a) the applicable Service Fees; and (b) any other applicable
fees described in this Agreement (including the Fee Schedule and any applicable
Program Policies).  

 

5. Remittance of Sales Proceeds & Refunds.

Except as otherwise stated in this Agreement, we will instruct the Payment
Processor to remit to your Payment Processor Account on a weekly (or at our
option, more frequent) basis. 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 Hill’s (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 9 and Section 2.5, and applicable Program Policies);  (d) Hill’s 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
Hill’s automatically calculates, collects and remits to a tax authority (the
“Net Sales Proceeds”). 

 

We may establish a reserve on your Payment Processor Account based on our
assessment of risks to Hill’s 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.

 

If money is refunded to a Person in connection with one of Your Transactions,
and the refund is processed through us or our Affiliate, we will refund to you
the amount of the Service Fee paid by you to us attributable to the part of the
MSRP of Your Product refunded, less the Refund Administration Fee (if
applicable) for each of Your Products. We will instruct the Payment Processor to
remit any amounts to be refunded by us pursuant to this subsection. 

 

6. Control of the Hill’s to Home Site.

We have the right in our sole discretion to determine the content, appearance,
design, functionality, and all other aspects of the Hill’s to Home Site,
including by redesigning, modifying, removing, or restricting access to any of
them, and by suspending, prohibiting, or removing any listing.

 

7. Customer Service

 

7.1 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 Hill’s to Home Fulfillment Units. We will
have the right to determine whether a Buyer will receive a refund, adjustment or
replacement for any Hill’s to Home Fulfillment Unit and to require you to
reimburse us where we determine you have responsibility in accordance with the
Agreement, including the Program Policies. 

 

7.2 In situations relating to Hill’s to Home Fulfillment Units where the wrong
Unit was delivered or the Unit was damaged or lost or is missing, unless we
determine that the basis for such mis-shipment, damaged, lost or missing Unit is
caused by you or any of your employees, agents, or contractors, we will, as your
sole and exclusive remedy and at our option: (i) ship a replacement Unit to the
Buyer at no cost to you, or (ii) process a refund to the Buyer and reimburse you
for all amounts which had previously been debited to your Payment Processor
Account with respect to such Unit (including the Service Fee). 

 

7.3 If we provide a replacement Unit or refund as described in Section 7.2 to 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. 

 

8. Payment Processing




8.1 We use a third party payment processor (“Payment Processor”) to process
payments from Buyers to you and you to Hill’s.  The processing of payments will
be subject to the terms, conditions and privacy policies of the Payment
Processor, in addition to this Agreement.  Our current Payment Processor is
Stripe, and payments are processed by Stripe in accordance with Stripe’s terms
of service and privacy policy.  We reserve the right to correct, or to instruct
our Payment Processor to correct, any errors or mistakes, even if payment has
already been processed or received.

 

8.2  Your use of the Services requires you to create an account with the Payment
Processor.  If you cancel, close or disconnect the Payment Processor Account,
Hill’s will not be able to process transactions through the Hill’s to Home Site
for you and your Services will be suspended.  Your relationship with the Payment
Processor is governed by the Payment Processor’s terms and policies, including
the fees charged to you by the Payment Processor to process payments.  The
Payment Processor will charge fees related to your use of Payment Processor to
your Payment Processor Account.  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 Hill’s, Hill’s shall invoice you for such
fees and you agree to pay said fees on your current Hill’s payment terms.  You
agree that Hill’s may, at any time and in its sole discretion, and without any
notice to you change Payment Processors without any liability to you.

 

8.3  In accordance with the terms of this Agreement, you authorize Hill’s to
instruct the Payment Processor to charge Buyer’s 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 Hill’s and its Affiliates amounts you owe
in accordance with this Agreement or other agreements you may have with Hill’s
Affiliates and utilize other Payment Processor Account features.   Hill’s will
use data about your Payment Processor Account and the activity and transactions
within said account, to fulfill its obligations to you under this Agreement. 
You authorize Hill’s to share transaction information and Payment Processor
Account data with the Payment Processor. 

 

8.4 Remittance

Subject to Section 9 of this Agreement, Hill’s will instruct the Payment
Processor to remit funds to you in accordance with Section 5 of this Agreement. 
Hill’s obligation to instruct remittance of funds is limited to funds that have
actually been received less amounts owed to Hill’s, and any sales and use taxes
that Hill’s automatically calculates, collects and remits to a tax authority,
subject to chargeback or reversal or withheld for anticipated claims in
accordance with this Agreement. To the extent applicable fees and other amounts
under this Agreement exceed the Sales Proceeds Hill’s shall invoice you for such
fees and other amounts owed.

 

8.5 Your Funds

Your Net Sales Proceeds will be credited to your account with the Payment
Processor (a "Payment Processor Account"). 

 

9. Service Fee Payments; Receipt of Sales Proceeds.

Fee details are described in the applicable Fee Schedule. You are responsible
for all of your expenses in connection with this Agreement.  You agree to update
all account information promptly upon any change. 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. We may at any
time require you to provide any financial, business or personal information we
request to verify your identity and you authorize us (and will provide us
documentation evidencing your authorization upon our request) to verify your
information (including any updated information) and to obtain business or
consumer credit reports about you from time to time. 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 Hill’s 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
Hill’s or third parties persist. 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. If we
determine that your account has been used to engage in deceptive, fraudulent, or
illegal activity, or to repeatedly violate our Program Policies, then we may in
our sole discretion permanently withhold any payments to you. 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.

 

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 Hill’s or third parties. These amounts may be refundable or
nonrefundable in the manner we determine, and failure to comply with terms of
this Agreement, including any applicable Program Policies, may result in their
forfeiture.

 

As a security measure, we may, but are not required to, impose transaction
limits on some or all  Buyers and you relating to the value of any transaction
or disbursement, the cumulative value of all transactions or disbursements
during a period of time, or the number of transactions per day or other period
of time. We will not be liable to you: (i) if we do not proceed with a
transaction or disbursement that would exceed any limit established by us for a
security reason, or (ii) if we permit a Buyer to withdraw from a transaction
because a Service is unavailable following the commencement of a transaction.

 

10. Term and Termination.

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"). We may terminate or
suspend this Agreement for any reason at any time by notice to you. You may
terminate this Agreement for any reason at any time by notice to us. Upon
termination, all rights and obligations of the parties under this Agreement will
terminate, except that the rights and obligations of the parties with respect to
Your Transactions occurring during the Term and Sections  9-14, 16, and 19-21
will survive termination. 

 

11. Representations.

You represent and warrant to us that: (a) if you are a business, you are duly
organized, validly existing and in good standing under the Laws of the
government subdivision in which your business is registered; (b) you have all
requisite right, power, and authority to enter into this Agreement, perform your
obligations, and grant the rights, licenses, and authorizations in this
Agreement; (c) any information provided or made available by you or your
Affiliates to Hill’s or its Affiliates is at all times accurate and complete;
(d) you and your financial institution(s) are not subject to sanctions or
otherwise designated on any list of prohibited or restricted parties or owned or
controlled by such a party, including but not limited to the lists maintained by
the United Nations Security Council, the US Government (e.g., the US Department
of Treasury’s Specially Designated Nationals list and Foreign Sanctions Evaders
list and the US Department of Commerce’s Entity List), the European Union or its
member states, or other applicable government authority; (e) you and all of your
subcontractors, agents, and suppliers will comply with all applicable Laws,
rules, regulations and licenses issued by any supra-national, governmental or
other authority in relation to the subject matter of this Agreement including,
without limitation, the U.S. Foreign Corrupt Practices Act, the U.K. Bribery Act
2010, and any other applicable anti-corruption laws, rules or conventions in
your performance of your obligations and exercise of your rights under this
Agreement; (f) you and your Affiliates will not participate or knowingly allow
the use of the Hill’s to Home Site or the Services to fulfill online orders from
another online retailer; (g) if you utilize the Hill’s to Home Site or Services
to search for or lookup a Person, the Person is a client of yours and you have
obtained their consent to perform such search or lookup; (h) you have provided
the necessary notice or received the necessary consent to input any information
into the Hill’s to Home site; and (i)you are currently in compliance with Hill’s
Anti-Bribery Policy and will maintain compliance until this Agreement is
terminated.

 

12. Indemnification.

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 Hill’s 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. You will
use counsel reasonably satisfactory to us to defend each indemnified Claim. If
at any time we reasonably determine that any indemnified Claim might adversely
affect us, we may take control of the defense at our expense. You may not
consent to the entry of any judgment or enter into any settlement of a Claim
without our prior written consent, which may not be unreasonably withheld.

 

13. Disclaimer & General Release.

a. THE HILL’S TO HOME SITE AND THE SERVICES, INCLUDING ALL CONTENT, SOFTWARE,
FUNCTIONS, MATERIALS, AND INFORMATION MADE AVAILABLE ON OR PROVIDED IN
CONNECTION WITH THE SERVICES, ARE PROVIDED "AS-IS." AS A USER OF THE SERVICES,
YOU USE THE HILL’S TO HOME SITE AND THE SERVICES AT YOUR OWN RISK. TO THE
FULLEST EXTENT PERMISSIBLE BY LAW, WE AND OUR AFFILIATES DISCLAIM: (i) ANY
REPRESENTATIONS OR WARRANTIES REGARDING THIS AGREEMENT, THE SERVICES OR THE
TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT, INCLUDING ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT; (ii)
IMPLIED WARRANTIES ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, OR
USAGE OF TRADE; AND (iii) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM, OR REMEDY IN
TORT, WHETHER OR NOT ARISING FROM OUR NEGLIGENCE. WE DO NOT WARRANT THAT THE
FUNCTIONS CONTAINED IN THE HILL’S 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.

 

b. BECAUSE HILL’S IS NOT INVOLVED IN TRANSACTIONS BETWEEN BUYERS AND YOU OR
OTHER PARTICIPANT DEALINGS, IF A DISPUTE ARISES BETWEEN ONE OR MORE
PARTICIPANTS, EACH PARTICIPANT RELEASES HILL’S (AND ITS AGENTS AND EMPLOYEES)
FROM CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND
NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED,
ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

 

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.

 

14. Limitation of Liability.

WE WILL NOT BE LIABLE (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING
NEGLIGENCE, PRODUCT LIABILITY, OR OTHER THEORY), OR OTHERWISE) TO YOU OR ANY
OTHER PERSON FOR COST OF COVER, RECOVERY, OR RECOUPMENT OF ANY INVESTMENT MADE
BY YOU OR YOUR AFFILIATES IN CONNECTION WITH THIS AGREEMENT, OR FOR ANY LOSS OF
PROFIT, REVENUE, BUSINESS, OR DATA OR PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING
OUT OF OR RELATING TO THIS AGREEMENT, EVEN IF HILL’S HAS BEEN ADVISED OF THE
POSSIBILITY OF THOSE COSTS OR DAMAGES. FURTHER, OUR AGGREGATE LIABILITY ARISING
OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED
WILL NOT EXCEED AT ANY TIME THE TOTAL AMOUNTS DURING THE PRIOR SIX MONTH PERIOD
PAID BY YOU TO HILL’S IN CONNECTION WITH THIS AGREEMENT.

 

15. Tax Matters.

As between the parties, you will be responsible for the collection, reporting,
and payment of any and all of Your Taxes, except to the extent that (i) Hill’s
automatically calculates, collects, or remits taxes on your behalf according to
applicable Law; or (ii) Hill’s receives sales and use taxes or other
transaction-based charges on your behalf in connection with tax calculation
services made available by Hill’s and used by you. You understand and
acknowledge that the physical presence of Your Products at warehouses may create
tax nexus for you in any state or other localities in which Your Products are
held, and you will be solely responsible for any taxes owed as a result of such
storage. All fees and payments payable by you to Hill’s under this Agreement are
exclusive of any applicable taxes, deductions or withholding, and you will be
responsible for paying Hill’s any of Your Taxes imposed on such fees and any
deduction or withholding required on any payment.

 

16. Confidentiality.

During the course of your use of the Services, you may receive information
relating to us or to the Services, including but not limited to Hill’s
Transaction Information, that is not known to the general public ("Confidential
Information"). 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 Hill’s
Transaction Information or other Confidential Information. You may not use our
name, trademarks, or logo, in any way (including in promotional material)
without our advance written permission, or misrepresent or embellish the
relationship between us in any way.

 

17. Force Majeure.

We will not be liable for any delay or failure to perform any of our obligations
under this Agreement by reasons, events or other matters beyond our reasonable
control.

 

18. Relationship of Parties.

You and we are independent contractors, and nothing in this Agreement will
create any partnership, joint venture, agency, franchise, sales representative,
or employment relationship between us. You will have no authority to make or
accept any offers or representations on our behalf. This Agreement will not
create an exclusive relationship between you and us. Nothing expressed or
mentioned in or implied from this Agreement is intended or will be construed to
give to any Person other than the parties to this Agreement any legal or
equitable right, remedy, or claim under or in respect to this Agreement. This
Agreement and all of the representations, warranties, covenants, conditions, and
provisions in this Agreement are intended to be and are for the sole and
exclusive benefit of Hill’s and you. You will not make any statement that would
contradict anything in this section.

 

19. Use of Hill’s Transaction Information.

Hill’s owns (and you hereby assign to Hill’s) all Hill’s Transaction
Information.  All such information is subject to the Hill’s Privacy Policy and
any additional privacy guidelines posted by Hill’s as part of the Program
Policies.  You will not, and will cause your Affiliates not to, directly or
indirectly: (a) disclose any Hill’s Transaction Information (except that you may
disclose that information solely as necessary for you to perform your
obligations under this Agreement if you ensure that every recipient uses the
information only for that purpose and complies with the restrictions applicable
to you related to that information, as set forth in Sections 16 and 19 of this
Agreement); (b) use any Hill’s Transaction Information other than to perform
your obligations under this Agreement; (c) without limiting the generality of
Section 19(b), use any Hill’s Transaction Information for any marketing or
promotional purposes whatsoever; (d) contact a Person that has ordered Your
Product with the intent to collect any amounts in connection therewith or to
influence that Person to make an alternative transaction; (e) disparage us, our
Affiliates, or any of their or our respective products or services or any
customer; or (f) target communications of any kind on the basis of the intended
recipient being a Hill’s to Home Site user, except in furtherance of utilizing
the Services. The terms of this Section 19 do not prevent you from using other
information that you acquire without reference to Hill’s Transaction Information
for any purpose, even if that information is identical to Hill’s Transaction
Information, provided that you do not target communications on the basis of the
intended recipient being a Hill’s to Home Site user.

 

20. Suggestions and Other Information.

If you or any of your Affiliates elect to provide or make available suggestions,
comments, ideas, improvements, or other feedback or materials to us in
connection with or related to the Hill’s to Home Site or Service (including any
related Technology), we will be free to use, disclose, reproduce, modify,
license, transfer and otherwise distribute, and exploit any of the foregoing
information or materials in any manner. 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. If we make suggestions on using the Services, you are
responsible for any actions you take based on our suggestions.

 

21. Modification.

We may amend any of the terms and conditions contained in this Agreement at any
time and at our sole discretion. Any changes will be effective upon the posting
of such changes on the Hill’s to Home Site, and you are responsible for
reviewing these locations and informing yourself of all applicable changes or
notices. Changes to Program Policies may be made without notice to you. You
should refer regularly to the Hill’s to Home Site to review the current
Agreement (including Program Policies). YOUR CONTINUED USE OF THE SERVICE AFTER
HILL'S POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR
MODIFICATIONS.

 

22. Password Security.

Any password we provide to you may be used only during the Term to access Hill’s
to Home Administration for its intended purpose. You are solely responsible for
maintaining the security of your password. You may not disclose your password to
any third party (other than third parties authorized by you to use your account
in accordance with this Agreement) and are solely responsible for any use of or
action taken under your password. If your password is compromised, you must
immediately change your password.

 

23. Export.

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.

 

24. Miscellaneous.

This Agreement shall be governed by, and construed and enforced in accordance
with, the laws of the State of Kansas, without giving effect to any choice of
law or conflicts of law rules or provisions. Any action to enforce or interpret
this Agreement shall be brought in the state courts located in Shawnee County,
Kansas or federal court in Kansas City, Kansas. It is specifically agreed that
this Agreement shall not be covered by nor construed in accordance with the
terms of the United Nations Convention on Contracts for the International Sale
of Goods.  Any controversy or claim between Hill’s 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”). The
arbitrator shall be experienced in agreements for consumer packaged goods,
either as an attorney or professional. 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. Any requests for
accelerated, emergency or preliminary relief shall be submitted pursuant to the
AAA’s Optional Rules for Emergency Measures of Protection. 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. The arbitration panel shall have the right to grant interim
awards. Testimony shall be permitted by telephone, video conference and other
forms of real-time telecommunications. If the arbitrator requires in-person
hearings, the hearings shall be held in Overland Park, Kansas. The arbitral
award will be final and binding, and may be entered and enforced in any court of
competent jurisdiction. 

 

BY ENTERING INTO THIS AGREEMENT, YOU AND HILL’S ACKNOWLEDGE AND AGREE TO WAIVE
CERTAIN RIGHTS TO LITIGATE DISPUTES IN COURT, TO RECEIVE A JURY TRIAL 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. YOU AND HILL’S BOTH AGREE
THAT ANY ARBITRATION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT A
CONSOLIDATED, CLASS-WIDE OR REPRESENTATIVE BASIS AND THE ARBITRATOR SHALL HAVE
NO AUTHORITY TO PROCEED WITH AN ARBITRATION ON A CLASS OR REPRESENTATIVE BASIS.
THE ARBITRATOR MAY AWARD INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY
SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY
THAT PARTY’S INDIVIDUAL CLAIM. 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 HILL’S
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.

 

You may not assign this Agreement, by operation of law or otherwise, without our
prior written consent. Subject to that restriction, this Agreement will be
binding on, inure to, and be enforceable against the parties and their
respective successors and assigns. We may perform any of our obligations or
exercise any of our rights under this Agreement through one or more of our
Affiliates. Our failure to enforce your strict performance of any provision of
this Agreement will not constitute a waiver of our right to enforce such
provision or any other provision of this Agreement subsequently.

 

We have the right in our sole discretion to determine the content, appearance,
design, functionality, and all other aspects of the Services, including by
redesigning, modifying, removing, or restricting access to any of them.

 

Because Hill’s is not your agent or the Buyer’s agent for any purpose, Hill’s
will not act as either party's agent in connection with resolving any disputes
between participants related to or arising out of any transaction.

 

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 Hill’s to Home Administration or by any other
means then specified by Hill’s. 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 Hill’s to Home Site or by any other means. You may change your e-mail
addresses and certain other information in Hill’s to Home Administration. You
will ensure that all of your information is up to date and accurate at all
times. You must send all notices and other communications relating to Hill’s to:
Hill’s Pet Nutrition Sales, Inc., Customer Service Center, 6180 Sprint Parkway,
Overland Park Kansas, 66211.

 

This Agreement incorporates and you accept the applicable Program Policies,
Hill’s Pet Nutrition Sales, Inc. Veterinary Practice General Conditions of Sale,
and the Hill’s Pet Nutrition Sales, Inc. Standard Commercial Terms which Hill’s
may modify from time to time. 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. This Agreement
represents the entire agreement between the parties with respect to the Services
and related subject matter and supersedes any previous or contemporaneous oral
or written agreements and understandings.

 

Definitions

 

As used in this Agreement, the following terms have the following meanings:

 

"Affiliate" means, with respect to any entity, any other entity that directly or
indirectly controls, is controlled by, or is under common control with that
entity. 

 

"Agreement" means this Hill’s to Home Service Agreement, any successor thereof
or any other similar agreement (as determined by Hill’s) between you and us that
permits you to offer Your Products via the Hill’s to Home Site. 

 

"Content" means copyrightable works under applicable Law and content protected
by database rights under applicable Law.

 

"Fee Schedule" means the schedule of fees provided to you by Hill’s, and any
successor thereof.

 

"Hill’s List Price" means the list price as published by Hill’s on its price
list. 

 

"Hill’s to Home Administration" means the online portal and tools made available
by Hill’s to you, for your use in administering the Services on the Hill’s to
Home Site.

 

"Hill’s to Home Fulfillment Units" means Units fulfilled by Hill’s or its
Affiliates that are sold through the Hill’s to Home Site. For avoidance of
doubt, the term "Hill’s to Home Fulfillment Units" and the defined term "Hill’s
to Home Fulfilled Products" both refer to the same items.

 

"Hill’s to Home Refund Policies" means the return and refund policies published
on the Hill’s to Home Site and applicable to Your Products offered via the
Hill’s to Home Site.

 

"Hill’s to Home Site" 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.

 

"Hill’s Transaction Information" means, collectively, order information,
shipping information, and any other data or information acquired by Hill’s, its
Affiliates, or otherwise as a result of this Agreement, the transactions
contemplated by this Agreement or the parties' performance under this Agreement.

 

"Intellectual Property Right" means any patent, copyright, Trademark, domain
name, moral right, trade secret right, or any other intellectual property right
arising under any Laws and all ancillary and related rights, including all
rights of registration and renewal and causes of action for violation,
misappropriation or infringement of any of the foregoing.

 

"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.

 

"MSRP" means manufacturer’s suggested retail price.

 

"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.

 

"Program Policies" means all terms, conditions, policies, guidelines, rules, and
other information on the Hill’s to Home Site, including those shown on the
"Policies and Agreements" section of Hill’s to Home Administration or elsewhere
in the "Help" section of Hill’s to Home Administration.

 

"Purchase Price" means the total amount payable or paid for Your Product
(including taxes and shipping and handling charges).

 

“Refund Administration Fee” means the applicable fee for Hill’s administration
of refunds relating to Your Transactions as set forth on the Fee Schedule.

 

"Sales Proceeds" means the gross proceeds from any of Your Transactions,
including all shipping and handling, and other charges, and including taxes.

 

"Service" means providing access to the Hill’s to Home Site, fulfilling orders
of Your Products through the Hill’s to Home Site and instructing the Payment
Process to process payments on your behalf.

 

"Service Fee" means the applicable fee based on the MSRP of Your Products from
Your Transaction through the Hill’s to Home Site specified on the Fee Schedule
at the time of Your Transaction.

 

"Technology" means any: (a) ideas, procedures, processes, systems, methods of
operation, concepts, principles, and discoveries protected or protectable under
the Laws of any jurisdiction; (b) interfaces, protocols, glossaries, libraries,
structured XML formats, specifications, grammars, data formats, or other similar
materials; and (c) software, hardware, code, technology, or other functional
item.

 

"Trademark" means any trademark, service mark, trade dress (including any
proprietary "look and feel"), trade name, other proprietary logo or insignia, or
any other source or business identifier, protected or protectable under any
Laws.

 

"Unit" means a unit of Your Product.

 

"Unsuitable Unit" means a Unit: (a) that is defective, damaged, unfit for a
particular purpose, or lacking required label(s); (b) that Hill’s determines is
unsellable or unfulfillable; or (c) that Hill’s determines is otherwise
unsuitable.

 

"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 Hill’s or its Affiliates.

 

"Your Personnel" 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.

 

"Your Product" means any Hill’s product that you take title to pursuant to this
Agreement.

 

"Your Taxes" means any and all sales, goods and services, use, excise, premium,
import, export, value added, consumption, and other taxes, regulatory fees,
levies (specifically including environmental levies), or charges and duties
assessed, incurred, or required to be collected or paid for any reason (a) in
connection with any advertisement, offer or sale of products or services by you
on or through or in connection with the Services; (b) in connection with any
products or services provided for which Your Products are, directly or
indirectly, involved as a form of payment or exchange; or (c) otherwise in
connection with any action, inaction, or omission of you or your Affiliates, or
any Persons providing products or services, or your or their respective
employees, agents, contractors, or representatives, for which Your Products are,
directly or indirectly, involved as a form of payment or exchange. This defined
term also means any of the types of taxes, duties, levies, or fees mentioned
above that are imposed on or collectible by Hill’s or any of its Affiliates in
connection with or as a result of fulfillment services including the storage of
inventory or packaging of Your Products and other materials owned by you and
stored by Hill’s, shipping, or other actions by Hill’s in relation to Your
Products pursuant to this Agreement.

 

"Your Trademarks" means Trademarks of yours that you provide to us: (a) in
non-text form for branding purposes; and (b) separate from (and not embedded or
otherwise incorporated in) any product specific information or materials.

 

"Your Transaction" means any sale of Your Product(s) to Buyers through the
Hill’s to Home Site.

 

 

 

FEE SCHEDULE

 

Service Fee: 13% of MSRP

Refund Administration Fee:  $0.00





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HILL'S TO HOME SERVICE AGREEMENT