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Terms of Service

About these Terms of Service

The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, the "Terms of Service"), apply to the Canadian websites (www.smartpak.ca and www.smartpakequine.ca) ("Websites"), applications, products, and services of SmartPak Equine, LLC ("SmartPak") and affiliated entities, including parent company Covetrus, Inc., offered or sold in Canada. By using our Websites, applications, products or other services ("Services"), you signify your acceptance of, and agreement to be legally bound by, all of these Terms of Service. Individual Services may be further subject to additional terms and conditions.

1. Privacy. Without limiting the generality of the Terms of Service, your use of our Services is also subject to the terms of our Privacy Policy (the "Privacy Policy"). Please carefully review the Privacy Policy, as it describes how SmartPak handles the information you provide when you use our Services.

2. Changes and Updates to the Services and the Terms of Service. Please read these Terms of Service carefully. Subject to applicable law, we review and may revise or modify all or any portion of these Terms of Service, the Services and the prices, at which they are offered from time to time, in accordance with these Terms of Service, as we add new features and services, as laws change, as industry best practices evolve or as we otherwise deem necessary or desirable. We indicate the date the most recent changes to these Terms of Service 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 Websites. Except as otherwise set out herein, your use of the Services at any time after the change comes into effect, constitutes your full acceptance of, and agreement to be legally bound by, the change. Where required by law, or at our sole discretion, if you have selected the AutoShip subscription option or we are otherwise required by law, we will provide you with notice of any such change at least thirty (30) days before the change comes into effect, indicating the new clause, or the amended clause and the clause as it read formerly, using any contact information we may have available for you. Before the change comes into effect, you may cancel your AutoShip subscription rather than accept the change. To the fullest extent permitted by law, as your sole remedy, where required by law, you may refuse the change and rescind, or cancel your AutoShip subscription without cost, penalty or cancellation indemnity, by sending us notice to that effect no later than thirty (30) days after the change comes into force, using the information in the notice. To the fullest extent permitted under applicable law, your continued receipt of your AutoShip subscription after the date specified in such notice constitutes your full acceptance of, and agreement to be legally bound by, these Terms of Service, as modified, or such change to the Services or your subscription communicated to you. Please review these Terms of Service periodically.

3. Your Use of Content. The content available on or through use of our Websites, downloading any application from our Websites, 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 DO NOT RECOMMEND OR ENDORSE ANY SPECIFIC VETERINARIANS, PRODUCTS, TESTS, PROCEDURES, OPINIONS OR OTHER CONTENT THAT MAY BE MENTIONED ON OUR WEBSITES. 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 OUR WEBSITES. RELIANCE ON ANY CONTENT ON OUR WEBSITES IS SOLELY AT YOUR OWN RISK.

4. Products, Services and Content Provided. All Services and Content provided are subject to Canadian 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 Services or 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 Services and 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 the age of majority in your jurisdiction of residence, you may use the Content and Services only with the permission and involvement of a parent or legal guardian, who must agree to these Terms of Service on your and their behalf. 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 CustomerSupport@SmartPak.ca.

6. Third Party Links. Our Websites may contain links or other references to websites 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 Websites.

Further, our Websites use YouTube's API services in connection with embedding videos provided by YouTube LLC ("YouTube"). Accordingly, you acknowledge and agree that by accessing such embedded YouTube videos on our Websites that you are also bound by YouTube's Terms of Service and Google's Privacy Policy.

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 our Websites; 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 our Websites or their 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 our Websites' visitors or members without their express written consent.

8. Purchases.

8.1 If you wish to purchase any Services 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 and shipping relating to your purchases. All amounts appearing on websites and applications are quoted in Canadian 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 in accordance with these Terms of 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. Subject to these Terms of Service, the 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: CustomerSupport@SmartPak.ca.

8.6 Subject to applicable law, shipping, return and exchange of any Service purchased from our Websites will be governed by our Shipping and Returns policies. Subject to these Terms of Service, we reserve the right, without prior notification, to change our Shipping and Returns policies at any time, as set forth in Section 2. We attempt to be as accurate as possible in the description of products on our Websites. 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 our Websites 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 PROVINCIAL AND NATIONAL 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 9. 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 Website at the time your order is processed, or lower, unless we have notified you of a change to our pricing in accordance with these Terms of Service. 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 you ordered, plus any applicable shipping charges and sales tax. The charge for each AutoShip item shipment will be billed to the current payment method 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, and we are able to process your payment. 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 in accordance with Section 2, 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 and all content included in or made available through our Services, including copyrights, trademarks, logos, and service marks displayed on our Websites, communications and applications, are the intellectual property of SmartPak, our licensors and suppliers, and others. Nothing contained in our Websites, Content or 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. Ideas and Postings. You may have the ability to submit or post creative ideas, suggestions, feedback or materials, or other communications (collectively, "Ideas") to us through our Websites 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 grant us and our designees a worldwide, nonexclusive, sub-licensable (through multiple tiers), assignable, transferable, royalty-free, perpetual, irrevocable right to copy, adapt, transmit, edit, modify, translate, create compilations from or otherwise 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 or integrity) 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 your Ideas or 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.

12. 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 our Websites, 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.

13. Disclaimers.

13.1 As Is Basis. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW: (A) OUR WEBSITES AND APPLICATIONS, AS WELL AS THE CONTENT AND THE SERVICES AVAILABLE THEREON, ARE PROVIDED ON A STRICTLY "AS IS" AND "AS AVAILABLE" 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 OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES AND IMPLIED CONDITIONS OF TITLE, NONINFRINGEMENT, ACCURACY, COMPLETENESS, MERCHANTABILITY, QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES OR CONDITIONS THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, AND ANY WARRANTIES OR CONDITIONS THAT WEBSITES, APPLICATIONS, CONTENT AND SERVICES ARE CURRENT AND/OR UP-TO-DATE. SMARTPAK AND THE REPRESENTATIVES DO NOT WARRANT THAT THE WEBSITES, APPLICATIONS, CONTENT AND SERVICES NOR YOUR USE OF THE WEBSITES, APPLICATIONS, CONTENT AND SERVICES 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, APPLICATIONS, CONTENT AND SERVICES AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF SMARTPAK OR ANY OF REPRESENTATIVES, WHETHER MADE ON OR IN CONNECTION WITH THE WEBSITES, APPLICATIONS, CONTENT AND SERVICES SHALL CREATE ANY WARRANTY.

13.2 No Implied Warranties. Some jurisdictions 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 required under the applicable law; 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 depending on where you live.

13.3 User Identity. EXCEPT IN COMPLIANCE WITH APPLICABLE 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 ITS 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.

13.4 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.

13.5 Competition Animals. SMARTPAK AND ITS REPRESENTATIVES EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS 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. YOU ARE RESPONSIBLE FOR BEING FAMILAR WITH SUCH REQURIEMENTS WHERE THEY APPLY, AND COMPLYING WITH THEM. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT SHALL SMARTPAK'S AGGREGATE LIABILITY TO YOU FOR ANY AND 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 EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE PRODUCT.

14. Limitation of Liability. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT SHALL SMARTPAK NOR ANY OF ITS REPRESENTATIVES BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, PERSONAL INJURY UP TO AND INCLUDING DEATH, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA OR LIABILITIES UNDER CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY MANNER TO THE WEBSITES, APPLICATIONS, 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 OUR WEBSITES, APPLICATIONS, CONTENT, SERVICES AND/OR ANY THIRD PARTY SITE IS TO STOP USING THE SMARTPAK WEBSITES, SERVICES, CONTENT, AND APPLICATIONS OR THE APPLICABLE THIRD PARTY SITE, AS APPLICABLE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT SHALL SMARTPAK'S OR ITS REPRESENTATIVES AGGREGATE 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, APPLICATIONS, CONTENT OR SERVICES EXCEED THE TOTAL AMOUNT PAID BY YOU FOR USE OF THE WEBSITES, APPLICATIONS, CONTENT OR SERVICES. THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS IN THESE TERMS OF SERVICE MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

15. Indemnification. You agree to fully indemnify, defend (at SmartPak's option), and hold SmartPak and its Representatives harmless from and against any and all claims, damages, losses, costs (including reasonable professional fees and disbursements) and other expenses that arise directly or indirectly out of or from (a) your breach of these Terms of Service, Privacy Policy, and applicable law, (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 use of and activities in connection with our Websites, applications, Content and Services.

16. Jurisdiction. This Section 16 applies to the fullest extent permitted by applicable law, and does not apply to individual consumers in Quebec in a manner prohibited by the Quebec Consumer Protection Act. SmartPak's 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 Websites are appropriate or available for use outside Canada, and access to the Websites from jurisdictions in which the contents of the Websites are illegal is prohibited. You may not use, export or re-export the Websites or any copy or adaptation thereof, in violation of any applicable laws or regulations, including without limitation Canadian and U.S. export laws and regulations. If you choose to access the Websites from outside Canada, 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 Massachusetts 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 Plymouth, Massachusetts, USA.

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.

17. General. 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. To the fullest extent permitted by applicable law, 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 our Websites 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. Our Websites 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 Websites. 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.

18. Arbitration. This Section 18 applies to the fullest extent permitted by applicable law, and does not apply to individual consumers in Quebec in a manner prohibited by the Quebec Consumer Protection Act. At our or your election, all disputes, claims, or controversies arising out of or relating to these Terms of Service and/or our Websites, the applications, Content and Services 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 professional fees and disbursements, 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. Entire Agreement. These Terms of Service and the documents incorporated by reference herein constitute the entire agreement between you and SmartPak and govern your use of our Websites, applications, Content and Services, superseding any prior agreements between you and SmartPak with respect to our Websites, applications, Content and Services.

20. 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).

21. 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 our Websites;
  • Your email address, phone number, and physical address;
  • A statement by you that you have a good-faith belief that the alleged use on our Websites is not authorized by the copyright owner, an agent for the copyright owner, or under the copyright laws of Canada;
  • A statement by you that the information in your notice is accurate;
  • A statement by you 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.

22. Assignment and Enurement. These Terms of Service are personal to you and you may not assign these Terms of Service, nor any right or obligation under these Terms of Service, without the prior written consent of SmartPak. These Terms of Service enure to the benefit of and are binding upon your heirs, executors, administrators, estate trustees, trustees, personal or legal representatives, successors and permitted assigns. We may, without prior notice to you and without your consent, assign these Terms of Service and upon such assignment the assignee shall assume all of our rights and obligations under these Terms of Service and we shall be released.

23. Force Majeure. If there is a default or delay in SmartPak's performance of its obligations under these Terms of Service, and the default or delay is caused by circumstances beyond the reasonable control of SmartPak including fire, flood, earthquake, elements of nature, acts of God, pandemics and/or epidemics (whether or not declared and whether or not existing as of the effective date of these Terms of Service), local disease outbreaks, explosion, power failure, third party caused damage to network infrastructure (e.g., a cable cut), war, terrorism, cyber terrorism/warfare, revolution, civil commotion, cyber terrorism/warfare, acts of public enemies, law, order, regulation, ordinance or requirement of any government or legal body having jurisdiction, or labour unrest such as strikes, slowdowns, picketing or boycotts, then SmartPak shall not be liable for that default or delay, and shall be excused from further performance of the affected obligations on a day by day basis, if SmartPak uses commercially reasonable efforts to expeditiously remove the causes of such default or delay in its performance.

24. Further Assurances. You agree to execute and deliver all such further documents and instruments and do all acts and things as SmartPak may reasonably require to carry out the full intent of these Terms of Service.

25. Remedies Cumulative. SmartPak's rights, powers and remedies under these Terms of Service are cumulative and are in addition to and not in substitution for any other rights, powers and remedies available to SmartPak at law or in equity or otherwise. No single or partial exercise by SmartPak of any right, power or remedy precludes or otherwise affects the exercise of any other right, power or remedy to which SmartPak may be entitled.

26. Resale of Products. Products may not be re-sold in Canada or other jurisdictions without express authorization of SmartPak.

27. 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

CustomerSupport@SmartPak.ca

1-800-326-0294

Terms of Service Updated: January 4, 2021