Terms of Service
About these Terms of Service
These Terms of Service apply to websites, applications, products, and services of SmartPak Equine, LLC (“SmartPak”) and affiliated entities, including parent company Covetrus, Inc. By using our websites, applications, products or other services (“Services”), you signify your acceptance of these Terms of Service. Individual Services may be further subject to additional terms and conditions.
2. Changes and Updates to Terms of Service.
Please read these Terms of Service carefully. We review and may revise these Terms of Service from time to time as we add new features and services, as laws change, and as industry best practices evolve. We indicate the date the most recent changes were published on this page. If we update these Terms of Service with significant changes, we will let you know, for example by placing a note on our website. Please review periodically.
3. Your Use of Content.
The content available on or through use of websites, downloading any application from our web sites, or using our products or services, including but not limited to data, text, articles, software, images, graphics, downloads, icons, logos, photographs, audio and video, links and references, software, and other materials (collectively “Content”) is provided for informational purposes only. THE CONTENT IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL VETERINARY ADVICE, DIAGNOSIS, OR TREATMENT. WE NOT RECOMMEND OR ENDORSE ANY SPECIFIC VETERINARIANS, PRODUCTS, TESTS, PROCEDURES, OPINIONS OR OTHER CONTENT THAT MAY BE MENTIONED ON THE SITE. ALWAYS SEEK THE ADVICE OF A QUALIFIED VETERINARY PROFESSIONAL WITH ANY QUESTIONS YOU MAY HAVE REGARDING AN ANIMAL’S MEDICAL CONDITION. DO NOT DISREGARD PROFESSIONAL VETERINARY ADVICE OR DELAY IN SEEKING IT BECAUSE OF CONTENT ON THE SITE. RELIANCE ON ANY CONTENT ON THIS SITE IS SOLELY AT YOUR OWN RISK.
4. Products, Services and Content Provided.
All Services and Content are subject to US and international intellectual property laws. You acknowledge and agree that the Content and Services are owned by us, our suppliers and/or licensors, as applicable, and are protected by intellectual property laws. We reserve the right to change, modify, or delete the content at any time. You may not distribute, modify, transmit or publicly display the content without the prior written consent of SmartPak or its licensors or suppliers, as applicable. You shall take all reasonable steps to prevent any unauthorized reproduction and/or other use of the Content and will advise us promptly in the event you become aware of any such unauthorized use(s). We reserve the right to terminate or suspend access to Services and Content, in whole or in part, without notice.
5. Your Account.
6. Third Party Links.
7. Code of Conduct.
You agree to use our Services solely in compliance with these Terms of Service and applicable law. Without limiting the generality of the foregoing, you agree not to do any of the following: spamming; phishing; transmission of unlawful, harmful, objectionable, or in appropriate content; transmission of trade secrets; transmission of advertisements, solicitation, or unsolicited commercial or harmful communication; restriction of or interference with any other visitor from using the Services; directly or indirectly expressing or implying that statements you make are endorsed by us; uploading any content containing any virus, worm, unauthorized file, script, or program designed to damage or allow unauthorized use of or access to the Services; removing any copyright, trademark or proprietary rights notices; framing or mirroring any portion of the Site; use of any spider, site search/archival application, bot, or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents; forging or otherwise manipulating headers or identifiers in order to disguise the origin of any email; use false email addresses, or misleading content to impersonate another person; or harvest or collect information about the Site visitors or members without their express written consent.
8.2 You agree to pay all fees and charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. All amounts appearing on websites and applications are quoted in local currency. Payments must be made using a valid payment card. Debit or credit card payments are processed using a third-party payment processor.
8.3 Despite our efforts, products listed on our websites, applications, or in our printed catalogs may be mispriced. If we discover a mispricing, we will either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
8.4 Descriptions or images of, or references to, products do not imply our endorsement of such products. We reserve the right, without prior notification, to change such descriptions or references, to change the prices, fees and charges associated with any Service, to limit the order quantity on any Service, to reject, correct, cancel or terminate any order, and/or to refuse to provide any Services to you. Verification of information applicable to a purchase may be required prior to our acceptance of any order. Price and availability of any Services are subject to change without notice.
8.5 Once you have completed your purchase, you will receive an e-mail confirming your order. Please keep this e-mail as it is your sales receipt and order confirmation for products ordered and will include your order number. All order fulfillment e-mails will contain a contact e-mail address which you should use to contact our customer support if you require additional information about orders, pricing, products, services, accounts or passwords. The address for support is: customercare@SmartPak.com.
8.6 Subject to applicable law, shipping, return and exchange of any Service purchased from the Site will be governed by our Shipping and Return policies. We reserve the right, without prior notification, to change our Shipping and Return policies at any time. We attempt to be as accurate as possible in the description of products on the Site. However, we do not warrant that product descriptions or other content is wholly accurate, complete, reliable, current or error-free. If a product offered on the Site is not as described, your sole remedy is to return it in unused condition. PLEASE NOTE THAT SUPPLEMENTS MAY NOT BE RETURNED, AND ALL SALES ARE FINAL PER STATE AND FEDERAL LAWS.
9. AutoShip Subscriptions.
By clicking on the ‘AutoShip’ button on any eligible product you accept the terms, limitations, conditions and requirements of this Section 8. When you elect to purchase an eligible AutoShip product, your AutoShip subscription will automatically create a new order according to the frequency you choose. Before we process subsequent orders, you will automatically receive a reminder email, seven (7) days before your order is placed. The amount charged for an AutoShip product will be the price of that item on our site at the time your order is processed, or lower. The total cost charged to your payment method for each Autoship order will be the price of the item, less any Autoship promotion for the product your ordered, plus any applicable shipping charges and sales tax. The charge for each AutoShip item shipment will be billed to the current payment on file. If we are unable to complete your AutoShip order with the payment method you used to create your subscription, you will receive a credit card declined email and your AutoShip item will not be placed until you update the payment method on your account. Your subscription will remain in effect until it is cancelled. You can cancel or adjust your AutoShip preferences or order frequency at any time by visiting the AutoShip Manager in your account, clicking Edit this order and cancel. We reserve the right to change AutoShip terms at any time, including discount amounts and eligibility used to determine discount amounts, price, taxes, availability of products, and shipping charges. If the item is unavailable when we plan to ship it, we will contact you through email or phone. AutoShip subscriptions are good while supplies last and we reserve the right to terminate your subscriptions at any time without notice. If we do so, you will only be charged for orders that have been shipped to you.
10. Intellectual Property.
All content included in or made available through our Services, including copyrights, trademarks, logos, and service marks displayed on websites, communications and applications, are the intellectual property of SmartPak, our licensors and suppliers, and others. Nothing contained in our Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any intellectual property without the express written permission of SmartPak, our licensors or suppliers, or the third-party owner of any such intellectual property and use of the intellectual property is expressly prohibited. SmartPak trademarks may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages SmartPak, its licensors, or its suppliers.
11. Rules for Polls, Surveys, Sweepstakes, Contests and Games
12. Ideas and Postings.
You may submit or post creative ideas, suggestions, feedback or materials, or other communications (collectively, “Ideas”) to us through the Site or by direct communication, so long as such submissions are not illegal, threatening, obscene, defamatory, invasive of privacy, infringe the rights of third parties, or are otherwise objectionable. By submitting, sending, posting, displaying, performing and/or otherwise distributing Ideas to SmartPak, you hereby grant us and our designees a worldwide, nonexclusive, sub-licensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Ideas in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation and without an obligation to report to the provider of the Ideas, and waive all moral rights (including any rights to attribution) that you may have in such Ideas. You further agree that we and our designees shall exclusively own all documents, works and other materials that incorporate all or part of any Idea(s). If you do submit or post Ideas, you acknowledge and agree that other persons, including SmartPak employees and contractors along with others who have or will make Ideas, may have submitted or may submit in the future Ideas that are similar to the Ideas submitted by you. You acknowledge and agree that you will not receive any compensation because of SmartPak’s use of other similar Ideas. You agree that no confidential or fiduciary relationship is established between you and SmartPak as a result of your submission of the Idea. SmartPak has no obligation to use or distribute your Ideas. You also acknowledge and agree that, with respect to any portion of any of your Ideas that are not protectable, submission of the Ideas shall not be deemed to place SmartPak in any different position than members of the general public.
These Terms of Service shall remain effective until terminated in accordance with its terms. Either you or SmartPak may terminate these Terms of Service immediately upon notice to the other party. In addition, we reserve the right to immediately terminate these Terms of Service, and/or your access to and use of the Site, or any portion thereof, at any time and for any reason, with or without cause. Upon termination of these Terms of Service by either party, your right to use the Services shall immediately cease, and you shall destroy all copies of any Content that you have obtained from SmartPak, whether made under the terms of these Terms of Service or otherwise. The following sections of these Terms of Service shall survive the termination of these Terms of Service: 2, 3, 6, 7, 8, 9, 12, 13, 14, 15, 18 17 and 18.
14.1 As Is Basis. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW: (A) WEBSITES AND APPLICATIONS ARE PROVIDED ON A STRICTLY “AS IS” BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED; AND (B) SMARTPAK AND ITS AFFILIATES, AGENTS, SERVICE PROVIDERS, EMPLOYEES, OFFICERS, DIRECTORS, CONSULTANTS, REPRESENTATIVES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “REPRESENTATIVES”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, ACCURACY, COMPLETENESS, MERCHANTABILITY, QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, AND ANY WARRANTIES THAT WEBSITES AND APPLICATIONS ARE CURRENT AND/OR UP-TO-DATE. SMARTPAK AND THE REPRESENTATIVES DO NOT WARRANT THAT THE WEBSITES AND APPLICATIONS, NOR YOUR USE OF THE WEBSITES AND APPLICATIONS, WILL BE COMPLETE, ACCURATE, CURRENT, RELIABLE, UNINTERRUPTED, ERROR-FREE OR SECURE, NOR THAT DEFECTS WILL BE CORRECTED, NOR THAT THE WEBSITES AND APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE WEBSITES AND APPLICATIONS, AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITES AND APPLICATIONS AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF SMARTPAK OR ANY OF REPRESENTATIVES, WHETHER MADE ON OR IN CONNECTION WITH THE WEBSITES AND APPLICATIONS SHALL CREATE ANY WARRANTY.
14.2 No Implied Warranties. Some states do not allow the disclaimer of implied warranties of merchantability and fitness for a particular purpose, so the above disclaimers or exclusions may not apply to you. In the event that applicable law imposes implied warranties on websites and applications, notwithstanding the foregoing, such implied warranties shall not have a duration greater than one year from the relevant purchase or access date; shall terminate automatically at the end of such period; and shall be disclaimed and excluded to the fullest extent permitted by law. You may also have other rights under applicable law which vary from state to state.
14.3 User Identity. EXCEPT IN COMPLIANCE WITH APPLICABLE STATE AND FEDERAL LAWS, SMARTPAK AND THE REPRESENTATIVES ARE UNDER NO OBLIGATION TO VERIFY THE IDENTITY OF USERS OF ITS WEBSITES AND APPLICATIONS. SMARTPAK AND THE REPRESENTATIVES DO NOT CONTROL THE MATERIALS POSTED OR SUBMITTED TO WEBSITES OR APPLICATIONS BY PERSONS OTHER THAN THEMSELVES AND DO NOT MONITOR, SCREEN, OR EDIT THOSE MATERIALS FOR COMPLIANCE WITH APPLICABLE LAWS OR THESE TERMS OF SERVICE. YOU MAY FIND SOME OF THE MATERIALS POSTED BY OTHER USERS TO BE OFFENSIVE, HARMFUL, INACCURATE OR DECEPTIVE. YOU SHOULD USE CAUTION AND COMMON SENSE WHEN USING WEBSITES AND APPLICATIONS.
14.4 Risk of Commercial Transaction. THROUGH YOUR USE OF THE WEBSITES AND APPLICATIONS, YOU MAY HAVE THE OPPORTUNITY TO ENGAGE IN COMMERCIAL TRANSACTIONS WITH THIRD PARTIES. ALL SUCH TRANSACTIONS ARE AT YOUR OWN RISK. SMARTPAK AND ITS REPRESENTATIVES ARE NOT PARTIES TO ANY SUCH TRANSACTIONS AND DISCLAIM ANY AND ALL LIABILITY REGARDING ALL SUCH TRANSACTIONS.
14.5 Competition Animals. SMARTPAK AND ITS REPRESENTATIVES EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES IN REGARD TO THE SUITABILITY OR USE OF ANY PRODUCT FOR ANIMALS INVOLVED IN COMPETITION, INCLUDING AUTHORIZATION OR APPROVAL BY THE GOVERNING BODY FOR THE SPORT OR COMPETITION IN WHICH YOUR ANIMAL IS INVOLVED. SMARTPAK’S LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE ARISING OUT OF OR RELATING IN ANY MANNER TO THE USE OF ANY PRODUCT FOR AN ANIMAL ENGAGED IN ANY COMPETITION SHALL BE THE TOTAL AMOUNT PAID BY YOU FOR THE PRODUCT.
15. Limitation of Liability.
NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OF ANY KIND, NEITHER SMARTPAK NOR ANY OF ITS REPRESENTATIVES ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES OR LIABILITIES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY MANNER TO THE CONTENT, SERVICES AND/OR ANY LINKED WEBSITE OR APPLICATION, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR LIABILITIES. YOUR SOLE REMEDY WITH RESPECT TO WEBSITES AND APPLICATIONS AND/OR ANY THIRD PARTY SITE IS TO STOP USING THE SMARTPAK WEBSITES AND APPLICATIONS OR THE APPLICABLE THIRD PARTY SITE, AS APPLICABLE. SMARTPAK’S LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE ARISING OUT OF OR RELATING IN ANY MANNER TO THE WEBSITES AND APPLICATIONS SHALL BE THE TOTAL AMOUNT PAID BY YOU FOR USE OF THE WEBSITES AND APPLICATIONS. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you and in such case in no event shall NO EVENT SHALL SMARTPAK’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100).
You agree to fully indemnify, defend and hold SmartPak and its Representatives from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) and other expenses that arise directly or indirectly out of or from (a) your breach of these Terms of Service, (b) any allegation that any Ideas or other materials you submit to us or transmit to a SmartPak website or application infringe or otherwise violate the copyright, patent, trademark, trade secret or other intellectual property or other rights of any third party, and/or (c) your activities in connection with the Site.
At our or your election, all disputes, claims, or controversies arising out of or relating to these Terms of Service and/or the Site that are not resolved by mutual agreement may be resolved by binding arbitration to be conducted before J.A.M.S. or its successor. SmartPak shall advance the costs of such binding arbitration, but you agree that should we prevail in the arbitration, SmartPak is entitled to reimbursement of all costs. Unless otherwise agreed by the parties, arbitration will be held in Portland, ME before a single arbitrator mutually agreed upon by the parties, or if the parties cannot mutually agree, a single arbitrator appointed by J.A.M.S. and will be conducted in accordance with the rules and regulations promulgated by J.A.M.S. unless specifically modified in these Terms of Service. The arbitration must commence within forty-five (45) days of the date on which a written demand for arbitration is filed by either party. The arbitrator will have the power to order the production of documents by each party and any third-party witnesses. In addition, each party may take up to three (3) depositions as of right, and the arbitrator will not have the power to order the answering of interrogatories or the responses to requests for admission or the inspection of premises. In connection with any arbitration, each party must provide to the other, no later than ten (10) business days before the date of the arbitration, the identity of all persons that may testify at the arbitration, a copy of all documents that may be introduced at the arbitration or considered or used by a party’s witness or expert, and a summary of the expert’s opinions and the basis for said opinions. The arbitrator’s decision and award shall be made and delivered within sixty (60) days of the conclusion of the arbitration and within six (6) months of the selection of the arbitrator. The arbitrator will not have the power to award damages in excess of the limitation on actual compensatory damages set forth in these Terms of Service and may not multiply actual damages or award punitive damages or any other damages that are specifically excluded under these Terms of Service, and each party hereby irrevocably waives any claim to such damages. The parties covenant and agree that they will participate in the arbitration in good faith. The arbitrator may, in his or her discretion, assess costs and expenses (including the reasonable legal fees and expenses of the prevailing part) against any party to a proceeding. Any party refusing to comply with an order of the arbitrators will be liable for costs and expenses, including attorneys’ fees, incurred by the other party in enforcing the award. Notwithstanding the foregoing, in the case of temporary or preliminary injunctive relief, any party may proceed in court without prior arbitration for the purpose of avoiding immediate and irreparable harm. The provisions of this arbitration section will be enforceable in any court of competent jurisdiction.
By signing up for text message alerts, you give consent to receive text messages from SmartPak to your mobile device through an automatic telephone dialing system, subject to the following terms and conditions. When you opt-in to Subscription Reminders and Marketing Texts, we will send you a Short Message Service (SMS) message (often known as text message) to confirm your signup. You may receive up to 4 messages per month, depending on account activity. You may opt in by checking the consent box at checkout. You may opt out at any time by texting “STOP” to 26756 to unsubscribe from all alerts, or by calling us at (800) 461-8898. After you send the SMS message STOP to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages. If you want to join again, just sign up as you did initially. If you need assistance with the SMS program, text “HELP” to 26756 or by calling us at (800) 461-8898. After you send the SMS message HELP to us, we will respond with instructions on how to use our service as well as how to unsubscribe. Participating carriers: T-Mobile, AT&T, Verizon, Sprint, Cricket, U.S. Cellular, Boost, MetroPCS, Virgin Mobile, and others. This list may change at any time without notice. SmartPak does not charge you when we send text messages, but message & data rates may apply. For questions about your text plan or your data plan, contact your wireless provider. SmartPak is not liable for delayed or undelivered messages. Consent to these terms is not a condition of purchase.
20. Entire Agreement.
These Terms of Service constitutes the entire agreement between you and SmartPak and governs your use of the Site, superseding any prior agreements between you and SmartPak with respect to the websites and applications.
If any provision of these Terms of Service is for any reason deemed invalid, unlawful, void or unenforceable by a court or arbitrator of competent jurisdiction, then that provision will be deemed severable from these Terms of Service, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms of Service (which will remain in full force and effect).
22. Copyright Infringement Claims.
If you believe that your work has been copied in a manner or type that constitutes infringement of your copyright, please submit a complaint to firstname.lastname@example.org or to the following address: Covetrus, 7 Custom House Street, Suite 5 Portland, ME 04101, Attn: Legal Department. Your claim should include ALL of the following information:
- A description of the copyrighted work you believe has been infringed upon;
- A description of where the material that you claim is infringing is located on this Site;
- Your email address, phone number, and physical address;
- A statement by you that you have a good-faith belief that the alleged use on this Site is not authorized by the copyright owner, an agent for the copyright owner, or under the copyright laws of the United States;
- A statement by you, made under the penalty of perjury, that the information in your notice is accurate;
- A statement by you, made under the penalty of perjury, that you are the copyright owner, or are authorized to act on the copyright owner’s behalf; and
- A physical signature of the copyright owner or person authorized to act on behalf of the copyright owner.
23. How to contact us with questions
If you have any questions about these Terms of Service, please contact us.
SmartPak Equine, LLC 40 Grissom Rd., Ste. 500, Plymouth, MA 02330customercare@SmartPak.com
Updated June 18, 2019TOP