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 * Order within 5 hrs 53 mins and have it by Tue, 2/21* in Plymouth, MA (edit)
   Ship speed applies to in stock items, pending location. Does not include
   personalized items like engraving, embroidery, SmartPaks, or PortionPaks.
   Complete details on our Shipping Policies page.
 * Free Shipping Every Day on AutoShip Supplements Over $40 & Orders Over $75


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.


1. PRIVACY.

Please review our Privacy Policy, which also governs your use of SmartPak
Services.


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.

In order to use some of the features or functionality offered through our
Services, you may need to create an account and have a valid payment method
associated with it. You are responsible for providing truthful and accurate
information to create an account, and for maintaining the confidentiality of
passwords to your account. If you are under 16, you may use the Content and
Services only with the involvement of a parent or legal guardian. We reserve the
right to terminate your account, refuse registration of passwords, refuse
service, or terminate your rights under these Terms of Service, or cancel orders
in our exclusive discretion. All information provided to us is subject to the
SmartPak Privacy Policy. If you have questions about your account, or have
reason to believe that your account with us is no longer secure, you agree to
immediately notify us at 1-800-461-8898


6. THIRD PARTY LINKS.

The Site may contain links or other references to web sites and/or services
operated by third parties including, without limitation, social media and social
networking services (the “Third Party Sites”). Your use of any Third Party Sites
is subject to the privacy policies and terms of use established by the specific
Third Party Site, and SmartPak disclaims all liability associated therewith. The
presence of any link or reference to a Third Party Site does not indicate any
approval or endorsement by SmartPak. Further, descriptions of, or references to,
third party products, services or publications within SmartPak Services do not
imply endorsement of, and SmartPak is not responsible for and disclaims any
endorsement of, any such product, service or publication. To personalize your
experience with our Services, you may have the ability to log in via certain
Third Party Sites. Third Party Sites will provide us with access to certain
information that you have provided to such Third Party Sites, and we will use,
store and disclose such information in accordance with our Privacy Policy.
However, please remember that the manner in which Third Party Sites use, store
and disclose your information is governed solely by the policies of such third
parties, and we shall not have any liability or responsibility for the privacy
practices or other actions of any Third Party Sites that may be enabled within
our Site.


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. PURCHASES.

8.1 If you wish to purchase any products through our websites or applications,
you will be asked by us or the third-party provider of the Services to supply
certain information applicable to your purchase, including, without limitation,
credit card details and shipping information. You understand that any such
information will be treated by us in the manner described in our Privacy Policy.
You agree that all information that you provide to us or such third- party
provider will be true, accurate, current and complete.

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.

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 to inform you of the unavailability of such item. Notwithstanding the
preceding sentence, we reserve the right to delay the shipping date of such item
and/or substitute a comparable item with your order. 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

Any polls, surveys, sweepstakes, contests or games (collectively, the
“Contests”) that are accessible through our websites are governed by these Terms
of Service, to the extent applicable, and by any such additional rules that are
made available with the Contest. By entering or participating in the Contests,
you signify your agreement and acceptance of these Terms of Service and such
applicable rules. Our Privacy Policy governs any information you submit in
connection with such Contests.


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.


13. TERMINATION.

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. DISCLAIMERS.

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).


16. INDEMNIFICATION.

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.


17. JURISDICTION.

SmartPak websites and applications are administered by SmartPak from its offices
in Plymouth, Massachusetts, U.S.A. and other locations within the United States.
SmartPak makes no representation that the Site is appropriate or available for
use outside the United States, and access to the Site from jurisdictions in
which the contents of the Site are illegal is prohibited. You may not use,
export or re-export the Site or any copy or adaptation thereof, in violation of
any applicable laws or regulations, including without limitation U.S. export
laws and regulations. If you choose to access this Site from outside the United
States, you do so on your own initiative and are responsible for compliance with
applicable local laws. These Terms of Service shall be governed by the laws of
the State of Maine without regard to its conflict of law provisions. With
respect to any disputes or claims not subject to arbitration, as set forth
above, you and SmartPak agree to submit to the personal and exclusive
jurisdiction of the state and federal courts located in Portland, Maine. EACH OF
THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT
MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT
LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS- CLAIMS, OR THIRD PARTY CLAIMS)
ARISING OUT OF, UNDER OR IN CONNECTION WITH THESE TERMS OF SERVICE. FURTHER,
EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS
REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF
SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION.
EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR
THE OTHER PARTY ENTERING INTO these Terms of Service. The failure of SmartPak to
exercise or enforce any right or provision of these Terms of Service shall not
constitute a waiver of such right or provision. If any provision of these Terms
of Service is found by a court of competent jurisdiction to be invalid, the
parties nevertheless agree that the court should endeavor to give effect to the
parties’ intentions as reflected in the provision, and the other provisions of
these Terms of Service remain in full force and effect. You agree that
regardless of any statute or law to the contrary, any claim or cause of action
arising out of or related to use of the Site or these Terms of Service must be
filed within one (1) year after such claim or cause of action arose or be
forever barred. A printed version of these Terms of Service and of any notice
given in electronic form shall be admissible in judicial or administrative
proceedings based upon or relating to these Terms of Service to the same extent
and subject to the same conditions as other business documents and records
originally generated and maintained in printed form. The section titles in these
Terms of Service are for convenience only and have no legal or contractual
effect. Notices to you may be made via either email or regular mail. The Site
may also provide notices to you of changes to these Terms of Service or other
matters by displaying notices or links to notices generally on the Site. You
hereby acknowledge that you have carefully read all of the terms and conditions
of the SmartPak Privacy Policy and agree to all such terms and conditions. Under
California Civil Code Section 1789.3, Site users residing in California are
entitled to the following specific consumer rights notice: The Complaint
Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs may be contacted in writing at 400 R Street,
Suite 1080, Sacramento, California 95814 , or by telephone at (916) 445-1254 or
(800) 952-5210.


18. ARBITRATION.

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.


19. SMS.

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.


21. SEVERABILITY.

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
legal@covetrus.com 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 02330

800-461-8898


Updated June 18, 2019

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