TERMS OF USE

 

WELCOME!

Welcome to our website (the “Site”). PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OR ACCESSING ANY PAGES IN THIS WEBSITE. IF YOU DO NOT AGREE TO ANY PART OF THESE TERMS, THEN PLEASE DO NOT USE SMART PET FOOD LLC SITES.

 

By using or accessing this website you signify your acknowledgment and assent to the terms and conditions of use set forth below. This website is owned and operated by SMART PET FOOD LLC., its subsidiaries and affiliates some of which may be doing business as Enjoy!, Enjoy For Pets, or Enjoy Pet Food (collectively “Enjoy”, “Smart Pet Food”, “we”, “our”, or “us”). If you do not agree to these terms of use, please do not use this website. Please bear in mind that we are free to revise these terms of use at any time by updating this posting, and your use after such change signifies your acceptance of the changed terms. Please check these terms of use periodically for changes. Questions concerning this website, or its operation should be directed to the contact points set forth at the end of these terms of use.

 

TABLE OF CONTENTS WELCOME! ............................................................................................................................................................. 1 TABLE OF CONTENTS .............................................................................................................................................. 1 GENERAL ................................................................................................................................................................ 2 USE OF SITE ............................................................................................................................................................ 3 INTENDED FOR USERS OVER 18 YEARS OF AGE ...................................................................................................... 4 INTERNATIONAL ACCESS ........................................................................................................................................ 5 LINKS ...................................................................................................................................................................... 5 REVIEWS AND COMMENTS..................................................................................................................................... 5 INTERACTIVE AREAS AND CODE OF ACCEPTABLE CONDUCT................................................................................... 6 TERMS OF SALE: PRICING ....................................................................................................................................... 6 TERMS OF SALE: SALES TAX .................................................................................................................................... 6 TERMS OF SALE: PAYING FOR YOUR ORDER ........................................................................................................... 6 TERMS OF SALE: PROMOTIONS .............................................................................................................................. 7 TERMS OF SALE: VALIDATING YOUR ORDER ........................................................................................................... 7 TERMS OF SALE: ORDER ACCEPTANCE .................................................................................................................... 7 TERMS OF SALE: RETURNS ...................................................................................................................................... 8 RISK OF LOSS; OTHER TERMS OF SALE .................................................................................................................... 8 PRODUCTS, SERVICES, AND SOFTWARE: INTELLECTUAL PROPERTY ....................................................................... 8 TRADEMARKS AND COPYRIGHTS ............................................................................................................................ 9 CLAIMS OF COPYRIGHT INFRINGEMENT ................................................................................................................. 9 PROCEDURE FOR COPYRIGHT INFRINGEMENT CLAIMS .......................................................................................... 9 PRIVACY POLICY ................................................................................................................................................... 10 DISCLAIMER .......................................................................................................................................................... 10 NO REPRESENTATIONS OR WARRANTIES ............................................................................................................. 11 LIMITATION OF LIABILITY ..................................................................................................................................... 11 ERRORS ON SITE ................................................................................................................................................... 12 PRODUCT INFORMATION, DISPLAY & COLORS ..................................................................................................... 12 LIMITATIONS REGARDING INFORMATION, ARTICLES & ADVICE ........................................................................... 12 SECURITIES AND INVESTMENT ............................................................................................................................. 12 SEVERABILITY ....................................................................................................................................................... 13 APPLICABLE LAW .................................................................................................................................................. 13 U.S. EXPORT CONTROLS ....................................................................................................................................... 13 INDEMNIFICATION ............................................................................................................................................... 14 DISPUTE RESOLUTION .......................................................................................................................................... 14 TERMINATION ...................................................................................................................................................... 15 NOTICE TO CALIFORNIA RESIDENTS ...................................................................................................................... 16 CHANGES/UPDATES TO NOTICES & POLICIES ....................................................................................................... 17 CONTACT INFORMATION ..................................................................................................................................... 17

 

GENERAL

In connection with viewing and using this website, you are permitted to temporarily download one copy of the materials posted on this website onto a single computer for only your personal, non-commercial use. Except as otherwise specifically provided elsewhere on this website, redistribution, retransmission, republication or commercial exploitation of the contents of this website are expressly prohibited without the written consent of Smart Pet Food and any copyright owner from whom we have obtained a license. Requests for such permission should be made to info@enjoyforpets.com or to the contact specified below. All rights not expressly granted herein are reserved. Downloading of any information, content or images from this website does not transfer any right or ownership of such information, content or images to you, and such information, content or images may be used solely in accordance with these terms of use. You may not mirror or archive any part of this site or any material contained on this site on any server or computer without our written permission.

 

These terms of use represent the entire understanding relating to the use of this website and prevail over any prior or contemporaneous, conflicting or additional communications. Smart Pet Food, LLC. provides services to you subject to the notices, terms, and conditions set forth in this

agreement (the "Agreement"). In addition, when you use any of our services (e.g., Customer Reviews), you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they are incorporated into this Agreement by this reference. We reserve the right to change this Site and these terms and conditions at any time. ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.

 

Any unauthorized access, modification or change of any information, or any interference with the availability of or access to this website is strictly prohibited. Smart Pet Food reserves all legal rights and remedies available to it and this disclaimer shall in no way be deemed a limitation or waiver of any other rights we may have.

 

Specific areas or pages of this website may include additional or different terms relating to the use of this website. In the event of a conflict between such terms and these terms of use such specific terms shall control.

 

Unless otherwise indicated, all material on this site is ©Copyright 2018 - Present Smart Pet Food, LLC., 3401sw 160 AV., SUITE 330, MIRAMAR, FL 33027. All Rights Reserved.

 

Material on this site may be subject to one or more U.S. Patents, Trademarks, or Copyrights. All rights reserved.

 

USE OF SITE

This website is owned and operated by Smart Pet Food, LLC. and its subsidiaries and affiliates. If you do not agree to these terms of use, please do not use this website. Smart Pet Food is free to revise these terms of use at any time by updating this posting, and your use after such change signifies your acceptance of the changed terms. Please check these terms of use periodically for changes. Questions concerning this website or its operation should be directed to the contact points set forth at the end of these terms of use.

 

You represent and warrant that you are at least 18 years old or visiting the Site under the supervision of a parent or guardian.

 

Subject to the terms and conditions of this Agreement, we hereby grant you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your internet browser only for the purpose of shopping for personal items sold on the Site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by us in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.

 

Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by us in

writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by us in advance. We reserve the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including, without limitation, if we believe that customer conduct violates applicable law or is harmful to our interests.

 

You shall not upload to, distribute, or otherwise publish through this Site any Content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.

 

Content provided on this site is solely for informational purposes. It is your sole responsibility to consult a licensed physician or qualified health care professional for advice, diagnosis, and/or treatment of any health-related condition. Submissions or opinions expressed on this Site are that of the individual expressing such Submission or opinion and may not reflect our opinions.

 

We may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this Agreement, and we have no obligation to investigate the authorization or source of any such access or use of the Site. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security.

 

When you use the Site, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Site or through our other services. You agree that all agreements, notices, disclosures and other communication that we provide to you electronically satisfy any legal requirements that such communications be in writing.

 

INTENDED FOR USERS OVER 18 YEARS OF AGE

The safety of children is very important to us. Although this Site is intended for use by persons at least 18 years of age, and we have processes in place to help prevent participation in our Site communities and services by persons under 18 years of age at time of registration, Smart Pet Food cannot prohibit minors from visiting our Sites and must rely on parents and guardians (at

least 18 years of age at time of use) to decide which materials are appropriate for children under 18. Smart Pet Food will not knowingly collect personal information from children. Please see our Privacy Policy for more information.

 

INTERNATIONAL ACCESS

This Site may be accessed from countries other than the United States. This Site may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this Site outside the United States, you are responsible for complying with your local laws and regulations.

 

LINKS

This site may contain hyperlinks (“links) to other sites on the Internet that are owned and operated by third parties. You acknowledge that we are not responsible for the operation of or content located on or through any such site. THIS PROVISION IS VOID, INAPPLICABLE OR UNENFORCEABLE IN THE STATE OF NEW JERSEY.

 

REVIEWS AND COMMENTS

Smart Pet Food is pleased to hear from its customers; however, and except as otherwise provided elsewhere in this Agreement or on the Site, anything that you disclose, offer to us, submit or post to the Site and/or provide us, including without limitation, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, "Submissions") is and will be treated as non-confidential and nonproprietary, and we shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become our sole and exclusive property, and shall not be returned to you.

 

In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit with any review, comment, or other Content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments and other Content that you post on this Site and that use of your reviews, comments, or other Content by us will not infringe upon or violate the rights of any third party. You shall not use a false email address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions or Content. We may, but shall not be obligated to, remove or edit any Submissions (including comments or reviews) for any reason. By submitting Communications to us through this website, through e-mail, or through any means other than through the procedures outlined elsewhere in this website, you hereby RELEASE

Smart Pet Food from any liability under any legal theory in connection with the use, modification, sale, or disclosure of any Communications. By uploading or otherwise providing any Communications to this website, you hereby grant Smart Pet Food, to the extent you retain any rights, the unlimited, perpetual right to reuse, redistribute, modify and create derivative works from such Communications for any purpose and in any media without compensation, and you warrant that all "moral rights" in uploaded Communications have been waived.

 

INTERACTIVE AREAS AND CODE OF ACCEPTABLE CONDUCT

Smart Pet Food does not ordinarily filter, censor, edit or regulate information and content provided by third parties on this website, including any such information provided in interactive areas, and we neither endorse nor are responsible for (and under no circumstances shall be liable for) the contents, accuracy or reliability of such information and content.

 

When participating in interactive portions of this website, you represent that you have proper right and authorization to use any information or content you upload or post and agree to abide by the following code of acceptable conduct:

 

a) You will not upload or otherwise provide infringing, defamatory, obscene, pornographic, threatening, abusive, illegal or otherwise improper content.

b) You will not upload viruses or harmful components.

c) You will not use the website to further any illegal purpose or to violate the rights of any party.

d) You will not upload or otherwise provide content with a commercial purpose or attempt to solicit funds or advertise goods and services.

 

Smart Pet Food will assist law-enforcement officials investigating illegal activity or violations of these terms of use.

 

TERMS OF SALE: PRICING

Online prices, offers and selection are subject to change. We reserve the right to limit sales, including the right to refuse sales, to resellers.

 

TERMS OF SALE: SALES TAX

Because Smart Pet Food does business throughout the United States and collects and remits sales tax as required by law, this Site also collects and remits sales tax as appropriate.

 

TERMS OF SALE: PAYING FOR YOUR ORDER

Generally, credit/debit cards are not charged by Smart Pet Food until we either ship the order to you or confirm availability (at which time you will be charged only for the goods we have actually

shipped along with any appropriate taxes or shipping charges). However, we may pre-authorize your order amount with your credit/debit card issuer at the time you place the order, which may have an effect on your available credit.

 

When you pay by using a bank account, you authorize Smart Pet Food or its check processing designee(s) to use information on your check to make a one-time electronic debit from your account at the financial institution indicated on your check. This electronic debit will be for the amount of your invoice; no additional amount will be added to this amount. If we cannot collect your electronic payment, we will issue a draft against your account. If you do not have sufficient funds in your account, a fee of $25 will be debited electronically from your account. Please contact our Customer Care Department to learn about other payment options if you prefer not to have your check used this way.

 

Orders paid for using PayPal will be debited at the time orders are placed. When using PayPal as your payment method, payment processing and how your credit/debit card or checking account is charged is at the sole discretion of PayPal. Learn more about PayPal.

 

TERMS OF SALE: PROMOTIONS

If using a promotional code, it must be entered during Checkout in the designated field to redeem the respective offer. Some codes may not be combined with other offers, and are limited to one per transaction and may not be redeemed for cash, credit or refund. Some other restrictions in the terms of each offer may apply. Smart Pet Food reserves the right to restrict use of coupons on certain products, weight and destination fees, and expedited shipping charges.

 

TERMS OF SALE: VALIDATING YOUR ORDER

After you place an order using our shopping cart, we will check the information you gave us by verifying your method of payment and/or shipping address. We reserve the right to reject any order you place with us and/or limit quantities on any order, without giving a reason. If we reject your order, we will attempt to notify you using the e-mail address you have provided with the order. Generally, your credit/debit card will not be charged if we reject an order; however, we will process a refund if a charge has been made against your card.

 

TERMS OF SALE: ORDER ACCEPTANCE

Your receipt of an electronic or other form of order confirmation from us does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Smart Pet Food reserves the right at any time after receipt of your order to accept or decline your order for any reason.

TERMS OF SALE: RETURNS

Unused items purchased from any of Smart Pet Food’s website, may be returned in their original condition within 30 days of delivery for a full merchandise refund, not including shipping charges.

 

To request a Return Authorization, please contact our customer service team. All returns require a Return Authorization.

 

Except in cases where the return is the result of an error by Smart Pet Food or the item arrives damaged or defective, original shipping charges are non-refundable, and you are responsible for all return shipping costs. Smart Pet Food will not be liable for returns that are lost in transit or returned to the incorrect address; please retain your return tracking information.

 

Any amount to be refunded, will be reduced, or not available when:

a) Orders/Items are refused upon delivery

b) Returns are made without authorization

c) Returns are made past the 30-day return window

 

RISK OF LOSS; OTHER TERMS OF SALE

The risk of loss and title for items purchased by you pass to you upon our delivery of the items to the carrier pursuant to our standard terms of sale. We do not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, we do not take title to the refunded item.

 

PRODUCTS, SERVICES, AND SOFTWARE: INTELLECTUAL PROPERTY

All text, graphics, button icons, images, audio clips, and software (collectively, "Content"), belongs exclusively to Smart Pet Food, Inc., or its affiliates.

 

Downloading software, code, images, files, and others, from this website does not give you title to such downloaded items, including any files, data and images incorporated in or associated with the software. Your use of any such software shall be only in accordance with the license agreement that is included with the software or presented upon download of such software. Software available on this website is copyrighted by Smart Pet Food or its owner. Software may not be copied, redistributed or placed on any server for further distribution. You may not sell, modify, decompile, disassemble, or otherwise reverse engineer the software.

 

The collection, arrangement, and assembly of all Content on this Site (the "Compilation") belongs exclusively to Smart Pet Food, Inc. or its affiliates. All software used on this Site (the "Software") is the property of Smart Pet Food, Inc., its affiliates or its Software suppliers. The Content, the Compilation and the Software are all protected by U.S. and International Copyright laws. Smart Pet Food, Smart Pet Food and other logos, slogans, trade names or words are registered trademarks, trademarks or service marks of Smart Pet Food, Inc., its affiliates, suppliers, or third

parties. The use of any of our trademarks or service marks without our express written consent is strictly prohibited. You may not use our trademarks or service marks in connection with any product or service in any way that is likely to cause confusion. You may not use our trademarks or service marks in any manner that disparages or discredits us. You may not use any of our trademarks or service marks in meta tags without prior explicit consent.

 

TRADEMARKS AND COPYRIGHTS

Nothing on this website shall be construed as conferring any license under any intellectual property right, including any right in the nature of trademark or copyright, of Smart Pet Food or any third party, whether by estoppel, implication, or otherwise. All trademarks and trade names are the property of their respective owners.

 

Except as otherwise noted, Smart Pet Food is the owner of all trademarks and service marks on this website, whether registered or not. All registered trademarks are registered in the United States of America (or other applicable jurisdictions).

 

CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to our Designated Agent. See our Procedure for Copyright Infringement Claims.

 

PROCEDURE FOR COPYRIGHT INFRINGEMENT CLAIMS

To be effective, the notification must be addressed to the following:

Notification must be submitted to the following Designated Agent: Smart Pet Food, LLC.

Name of Agent Designated to Receive Notification of Claimed Infringement: General Counsel

Full Address of Designated Agent to Which Notification Should Be Sent: 3401sw 160 AV., SUITE 330, MIRAMAR, FL 33027 E-mail Address of Designated Agent: info@enjoyforpets.com

 

Additionally, the notification must be a written communication that includes the following:

 

a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that allegedly infringed;

b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;

d) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

e) A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

f) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

PRIVACY POLICY

Please review our Privacy Policy, which also governs your visit to this Site, to understand our practices regarding the collection and use of personal information from this website.

 

Despite any representations concerning privacy, Smart Pet Food reserves the right to disclose without notice to you any information in its possession if required to do so by law or upon a good-faith belief that such action is necessary to comply with the law, to protect or defend our rights or property, or to respond to an emergency situation. Specific areas or pages of this website may include additional or different terms relating to the use of personal information collected from such areas or pages.

 

DISCLAIMER

EXCEPT AS OTHERWISE PROVIDED IN THE STANDARD TERMS OF SALE THAT GOVERN THE SALE OF EACH PRODUCT ON THIS SITE, THE PRODUCTS OFFERED FOR SALE ON IT AND THE TRANSACTIONS CONDUCTED THROUGH IT ARE PROVIDED BY US ON AN "AS IS" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY AND SYSTEM INTEGRATION. THIS SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. WE DO NOT WARRANT THAT THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE.

 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO US DURING THE MONTH IMMEDIATELY PRECEDING THE ACT ALLEGEDLY GIVING RISE TO OUR LIABILITY.

NO REPRESENTATIONS OR WARRANTIES

Smart Pet Food makes no representations or warranties that this website is free of defects, viruses or other harmful components. We shall not be responsible for any damages or loss that may result from the hacking or infiltration of this website or Smart Pet Food’s computer systems. YOU HAVE THE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THIS WEBSITE AND YOU AGREE TO HOLD SMART PET FOOD HARMLESS FROM, AND YOU COVENANT NOT TO SUE US FOR, ANY CLAIMS BASED ON USE OF THIS WEBSITE, INCLUDING CLAIMS FOR LOST DATA, WORK DELAYS OR LOST PROFITS RESULTING FROM USE OF MATERIALS OR CONTENT FROM THIS WEBSITE.

 

The pages on this website may contain technical inaccuracies, outdated information and typographical errors. To the extent permitted by applicable law, THIS WEBSITE IS PROVIDED "AS IS." SMART PET FOOD DOES NOT MAKE ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, NOR DOES IT IN ANY WAY GUARANTEE THE QUALITY, DATA CONTENT, ARTISTIC WORTH, OR LEGALITY OF INFORMATION, CONTENT, GOODS OR SERVICES THAT ARE TRANSFERRED, RECEIVED, PURCHASED, OR OTHERWISE MADE AVAILABLE OR OBTAINED BY WAY OF THIS WEBSITE. WE DO NOT WARRANT THAT THIS WEBSITE WILL BE ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

 

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE SHALL SMART PET FOOD, LLC., OR ITS SUBSIDIARES, AFFILIATES, OR D/B/A BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR USE OR INABILITY TO USE THIS SITE, INCLUDING YOUR RELIANCE ON ANY INFORMATION OBTAINED FROM THIS SITE THAT RESULTS IN MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OR CORRUPTION OF FILES, VIRUSES, DELAYS IN OPERATING OR TRANSMISSIONS OR ANY FAILURE OF PERFORMANCE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY IN ANY ACTION, WHETHER IN CONTRACT, TORT OR ANY OTHER CLAIM, EVEN IF AN AUTHORIZED REPRESENTATIVE OF SMART PET FOOD HAS BEEN ADVISED OF OR SHOULD HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. BY YOUR USE OF THIS SITE, YOU ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE AND SERVICES AVAILABLE THROUGH THIS SITE, EXCEPT WHERE THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES IS PROHIBITED BY LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATION OF DAMAGES FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATIONS MAY NOT APPLY. IN ANY EVENT, UNDER NO CIRCUMSTANCES WILL SMART PET FOOD LLC BE LIABLE TO YOU FOR ANY AMOUNT WHAT YOU PAID IF/WHEN YOU PURCHASED OUR PRODUCTS.

 

ERRORS ON SITE

Prices and availability of products and services are subject to change without notice. Errors will be corrected where discovered and Smart Pet Food reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions, including after an order has been submitted, whether or not the order has been confirmed and/or your credit/debit card has been charged. If your credit/debit card has already been charged for the purchase and your order is canceled, Smart Pet Food will issue a credit to your credit/debit card account in the amount of the charge. Individual bank policies will control when this amount is credited to your account. If you are not fully satisfied with your purchase, you may return it in accordance with Smart Pet Food’s Return Policy.

 

PRODUCT INFORMATION, DISPLAY & COLORS

This Site attempts to display product information, and images as accurately as possible. However, we cannot guarantee that the color you see matches the product color. Note that the display of color may depend, in part, upon the monitor you are using.

 

LIMITATIONS REGARDING INFORMATION, ARTICLES & ADVICE

Smart Pet Food offers information, articles and advice through this Site for educational purposes only. Any information offered through this Site is not intended to diagnose, treat or cure your pet and is not a substitute for veterinary care provided by a licensed veterinarian. For any medical or health related advice concerning the care and treatment of your pet, call or visit your regular veterinarian or local animal hospital.

 

SECURITIES AND INVESTMENT

This website and the information contained or referred to herein does not constitute an offer or a solicitation of an offer for the purchase or sale of any securities.

 

This website may contain information, and press releases about, and by Smart Pet Food. While information prepared by us was believed to be accurate as of the date so prepared, we disclaim any duty or obligation to update such information or to verify the accuracy of information prepared by others. Any statements in this site that are not historical facts, including but not limited to plans, projections, objectives, goals, strategies, future events or performance and underlying assumptions, are forward-looking statements as provided in the rules and regulations of the Securities Act of 1933, Securities Exchange Act of 1934, and the Private Securities Litigation Reform Act of 1995. Such statements are intended to fit within the 'safe harbor' for forward-looking information and are subject to material risk factors which may or may not be disclosed herein. Statements or phrases that use such words as "believes," "anticipates," "plans," "may," "hopes," "can," "will," "expects," "estimates," "predicts," "is designed to," "with the intent," "potential," and similar expressions commonly indicate forward-looking statements, but in their absence, do not mean that a statement is not forward-looking. Any forward-looking statements

contained herein involve risks and uncertainties, including but not limited to general economic and currency conditions, various conditions specific to Smart Pet Food’s business and industry, market demand, competitive factors, supply constraints, technology factors, government and regulatory actions, Smart Pet Food’s accounting policies, future trends, and other risks which are detailed in any of Smart Pet Food’s regulatory filings, as applicable.

 

SEVERABILITY

If any these provisions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed several and shall not affect the validity and enforceability of any remaining provision.

 

APPLICABLE LAW

Smart Pet Food controls and manages this website from its facilities in the in the United States of America, and Argentina. Unless otherwise stated, materials and content on this website are presented solely for promoting products and services in the United States of America. Information published on this website may contain references to products, programs and services that are not announced or available in your country or region. We make no representation that such information, products, programs or services referenced on this website are legal, available or appropriate in your country or region. THIS PROVISION IS VOID, INAPPLICABLE OR UNENFORCEABLE IN THE STATE OF NEW JERSEY.

 

These terms of use shall be governed by and construed in accordance with the laws of the Argentina, and the United States of America, without giving effect to any principles of conflicts of law. You and Us irrevocably consent to the exclusive jurisdiction of the courts located in the State of Delaware in connection with any action arising out of or related to these terms of use or their subject matter. You and Us waive any objection based on lack of personal jurisdiction, place of residence, improper venue or forum non-convenient in any such action. THIS PROVISION IS VOID, INAPPLICABLE OR UNENFORCEABLE IN THE STATE OF NEW JERSEY.

 

U.S. EXPORT CONTROLS

Certain software and similar materials ('Software') that you may download from this Site may be further subject to United States Export Controls. No Software from this Site may be downloaded or exported contrary to any applicable export law, including any applicable prohibitions against download or export as follows: (1) into (or to a national or resident of) Cuba, Iran, Libya, North Korea, Syria or any other country to which the United States has embargoed goods; or (2) anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using Software downloaded from this site, you agree to abide by the applicable laws, rules and regulations - including the Export Administration Act and the Arms Export Control Act - and you represent and warrant that

you will not transfer, by electronic transmission or otherwise, this Software to a foreign national or a foreign destination in violation of law.

INDEMNIFICATION

You agree to indemnify and defend Smart Pet Food and its directors, officers, employees and agents from and against all losses, liabilities, actual or pending claims, actions, damages, expenses, costs of defense and reasonable attorneys’ fees brought against Smart Pet Food by any third-party arising from your violation of these Terms, the rights of a third-party or applicable law. Smart Pet Food reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification hereunder. In any event, no settlement that affects the rights or obligations of Smart Pet Food may be made without Smart Pet Food ‘s prior written approval.

 

DISPUTE RESOLUTION

These Terms are governed by and construed and enforced in accordance with the internal laws of the State of Delaware, without giving effect to the principles of conflicts of laws of such state, and are binding upon the parties hereto in the United States and worldwide. You and Smart Pet Food agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to the interpretation or construction of these Terms.

 

YOU AND SMART PET FOOD AGREE THAT ALL CLAIMS WILL BE RESOLVED BY BINDING ARBITRATION IN THE MANNER SPECIFIED IN THIS SECTION 10 AND THAT YOU AND SMART PET FOOD WAIVE ANY RIGHT TO BRING SUCH CLAIMS BEFORE ANY COURT OF LAW.

 

YOU AND SMART PET FOOD FURTHER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.

 

Any dispute between you and Smart Pet Food and its agents, employees, officers, directors, principals, successors, assigns, subsidiaries or affiliates arising from or relating to these Terms and their interpretation or the breach, termination or validity thereof, the relationships which result from these Terms, including disputes about the validity, scope or enforceability of this agreement to arbitration (collectively, "Covered Disputes") will be settled by binding arbitration in the U.S. State of Delaware administered by the American Arbitration Association (AAA) in accordance with its International Arbitration Rules in effect on the date thereof.

 

Prior to initiating any arbitration, the initiating party will give the other party at least 60 days' advanced written notice of its intent to file for arbitration. Smart Pet Food will provide such notice by mail or e-mail using the contact information on file with Smart Pet Food and you must provide such notice by mail to Smart Pet Food, LLC., at the Contact Information listed below.

 

Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. A single arbitrator will be selected in accordance with the AAA Commercial Arbitration Rules. The arbitration shall be conducted in the English language. The arbitrator will have the power to grant whatever relief would be available in court under law or in equity and any award of the arbitrator will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. The arbitrator will not, however, have the power to award punitive or exemplary damages, the right to which each party hereby waives. The arbitrator will apply applicable law and the provisions of these Terms and the failure to do so will be deemed an excess of arbitral authority and grounds for judicial review. The arbitrator’s decision must be with written explanation and remain confidential.

 

Smart Pet Food and you agree that any Covered Dispute will be submitted to arbitration on an individual basis only. Neither Smart Pet Food nor you are entitled to arbitrate any Covered Dispute as a class, representative or private-attorney action and the arbitrator will have no authority to proceed on a class, representative or private attorney general basis. If any provision of the agreement to arbitrate is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced (but in no case will there be a class, representative or private attorney general arbitration). Regardless of any statute or law to the contrary, notice on any claim arising from or related to these Terms must be made within one (1) year after such claim arose or be forever barred. For purposes of this, these Terms and related transactions will be subject to and governed by the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA).

 

Please Note: By agreeing to these Terms, you explicitly agree that any claims or actions that you may otherwise have against Smart Pet Food under the laws of any jurisdiction outside the United States are hereby waived, including without limitation, any claims or actions under the laws of your own country, and that your sole location and applicable law for any dispute is in the United States according to the terms of this Section.

 

LEGAL NOTICE TO NEW JERSEY RESIDENTS: The provisions in this section that (i) limit the period of time within which a claim may be asserted against Smart Pet Food and (2) exclude certain damages do not apply to New Jersey residents.

 

TERMINATION

These Terms automatically terminate when you fail to comply with any term or condition of them. Smart Pet Food may terminate or modify your access to the Smart Pet Food Site, with or without notice to you, at any time for any reason. For example, access to the Smart Pet Food Site may be denied without notice if Smart Pet Food believes that you are not at least age 18.

 

Termination will not limit any of Smart Pet Food’s other rights or remedies.

 

In addition to any other legal or equitable remedies, we may, without prior notice to you, immediately terminate the Agreement or revoke any or all of your rights granted under this Agreement. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.

 

NOTICE TO CALIFORNIA RESIDENTS

If you are a California resident under age 18 and are a registered user of any of the Sites, then you may request that we remove any Submission you publicly posted on or in the Smart Pet Food Site. To request removal of a Submission, please send an email with a detailed description of the specific Submission to info@enjoyforpets.com . Smart Pet Food reserves the right to request that you provide information that will enable us to confirm that the Submission that you want removed was created and posted by you.

 

Smart Pet Food will make a good faith effort to delete or remove your Submission from public view as soon as reasonably practicable. Please note, however, that your request that we delete your Submission does not ensure complete or comprehensive removal of your Submission. Your Submission may remain on backup media, cached or otherwise retained by Smart Pet Food for administrative or legal purposes or your Submission may remain publicly available if you or someone else has forwarded or re-posted your Submission on another website or service prior to its deletion. Smart Pet Food may be required by law to not remove or allow removal of your Submission.

 

With respect to any electronic commercial service (as defined under California Civil Code Section 1789.3) offered on or through the Smart Pet Food Sites, California residents are entitled to the following specific consumer rights information:

 

The provider of the Smart Pet Food Site is:

 

Smart Pet Food, LLC

3401sw 160 AV., SUITE 330,

MIRAMAR, FL 33027

 

To file a complaint regarding the website or to receive further information regarding use of the website, send a letter to the attention of “General Coujnsel” at the above address (with “California Resident Request” as the Subject Line).

 

BY USING THE SMART PET FOOD SITES, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF

EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

 

CHANGES/UPDATES TO NOTICES & POLICIES

Because our Site and stores will continue to implement new technologies and improve the products and services we provide, our Notices and Policies are subject to change. We reserve the right to change or update our Notices and Policies and to modify or terminate the Site for any reason, without notice and without liability to you or any other participating third party. As a Site user, you are responsible for regularly reviewing our Notices and Policies in order to remain informed of our practices and your obligations as you visit and use our Site. Our current Notices and Policies constitute the entire agreement between you and Smart Pet Food as you use our Site and supersede all prior understandings or agreements, written or oral, in this regard.

 

CONTACT INFORMATION

Please send any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Site to:

 

Smart Pet Food, LLC.

3401sw 160 AV., SUITE 330,

MIRAMAR, FL 33027. info@enjoyforpets.com