Sabi Pets LLC (“We” or “us” or “Sabi Pets”) is pleased to provide you with access to the Sabi Pets web site (the “Site”), subject to these Terms of Service (“Terms” or “Terms of Service”). These Terms are a binding, legal agreement between you and Sabi Pets. By accessing and using the Site, including all associated information, tools and services, and/or purchasing items from us, you accept all of these Terms. Please read them carefully and if you wish, print or save a copy for your records. If you do not agree with these Terms, you may not access or use the Site.
Your use of certain parts of the Site may be subject to additional terms and/or policies, which may be presented to you when you use those parts of the Site. Such additional terms will be considered part of these Terms.
These Terms of Service apply to all users of the Site, including without limitation registered users and users who are browsers, customers, merchants, and/or contributors of content. Any new features or tools which are added to the Site shall also be subject to the Terms of Service.
We reserve the right to change or replace any part of these Terms of Service by posting updates to our website. It is your responsibility to check this page periodically for changes. You can review the most current version of the Terms of Service at any time on this page. Your continued use of or access to the Site following the posting of any changes to the Terms of Service constitutes acceptance of those changes.
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your country, state or province of residence, or are visiting under the supervision of a parent or guardian and are legally able to enter into a contract.
USE OF ACCOUNT
Your ID is for your personal use only. You may not authorize others to use your ID, and you may not assign or transfer your ID or account.
You are solely responsible for maintaining the confidentiality of your ID. Furthermore, you are responsible for all activities, charges, and liabilities associated with your ID and account. You must immediately notify us of any unauthorized use of your ID or account.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. In particular, you should consult a veterinarian or other qualified professional for animal health issues and for specific diagnosis and treatment. Any reliance on the material on this Site is at your own risk.
This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.
MODIFICATIONS TO THE SITE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Site (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Site.
PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the Site. These products or services may have limited quantities and are subject to return or exchange only according to our return policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the Site. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on the Site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Site will be corrected.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our Site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
PAYMENT AND SHIPPING
You agree to pay us the charges and fees associated with your orders in connection with the Site. All fees paid are nonrefundable unless stated otherwise on the Site.
All fees are in U.S. Dollars. You are responsible for paying all administrative fees (such as PayPal fees) and applicable taxes (including sales and use taxes) associated with the Site and your purchase of products on the Site. If your payment method fails or your account is past due, Sabi Pets may collect fees owed using other collection mechanisms.
You are solely responsible for any costs and expenses you incur as a result of your use of the Site.
The risk of loss and title for items purchased by you passes to you upon our delivery of the items to the carrier. Replacement of products and credits to your account for shipped merchandise claimed as not received are subject to our investigation, which may include postal-service notification. We will adjust your account at our discretion.
We may provide you with access to third-party tools that we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools on an “as is” and “as available” basis without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
Certain content, products and services available via our Site may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You represent and warrant that your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Comments.
You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third-party.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our Site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Site or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information on the Site or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Site or on any related website, should be taken to indicate that all information in the Site or on any related website has been modified or updated.
In addition to other prohibitions as set forth in these Terms of Service, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit worms, viruses, spyware or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Site or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Site or any related website for violating this Section. You may access the Site and its content only through the interface provided by us.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of the Site will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Site will be accurate or reliable.
You agree that from time to time we may suspend the Site for indefinite periods of time, without notice to you.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SITE IS AT YOUR SOLE RISK. THE SITE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SITE ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.
In no case shall Sabi Pets, its directors, officers, employees, owners, affiliates, agents, partners, contractors, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, or for any lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Site or any products procured using the Site, or for any other claim related in any way to the Site or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless Sabi Pets and its affiliates, owners, partners, officers, directors, agents, contractors, licensors, service providers, suppliers, and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service, or your violation of any law or the rights of a third-party.
You acknowledge that the Site, any underlying technology used in connection with the Site, and all text, images, and other content (“Content”) within the Site are owned by us or third-party providers and are protected by copyright and other intellectual property rights. We and our third-party providers retain and own all right, title and interest in and to the Site, including all associated intellectual property rights.
You may not (and you may not permit anyone else to) extract, copy, modify, reverse engineer, decompile, or otherwise attempt to access or use the source code of the software used to provide the Site or any part thereof, unless this is expressly required by law. You also agree that you will not copy, modify, create derivative works from, or publicly display any Content without prior written permission from us or the applicable third party licensor.
Certain of the names, logos, and other materials displayed on the Site or products sold on the Site constitute trademarks, tradenames, service marks or logos ("Marks") of Sabi Pets or other entities. Ownership of all such Marks and the goodwill associated with such Marks remains with us or those other entities.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use the Site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any provision of these Terms of Service, we also may suspend or terminate your right to use the Site (or parts thereof) and these Terms at any time without notice and you will remain liable for all amounts due up to and including the date of termination.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms for all purposes.
The provisions relating to Proprietary Rights, Disclaimer of Warranties, Limitation of Liability, Indemnification, Arbitration and Miscellaneous shall survive any termination of these Terms of Service.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
We shall not be liable for any failure or delay in the performance of our obligations due to causes beyond its reasonable control, including but not limited to war, sabotage, insurrection, riot or other act of civil disobedience, strikes or other labor shortages, act of any government affecting the terms hereof, acts of terrorism, accident, fire, explosion, flood, hurricane, severe weather or other act of God, and failure of telecommunication or internet service providers.
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service, including any policies or operating rules posted by us on the Site, constitutes the entire agreement and understanding between you and us and govern your use of the Site, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
The official language of these Terms is English. If these Terms are translated into a language other than English and there is a conflict of terms between the English and the other language, the English version will control.
These Terms of Service and any separate agreements whereby we provide you the Site shall be governed by and construed in accordance with the laws of North Carolina, USA, without regard to its internal conflicts of law rules. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms.
Any dispute, controversy or claim arising out of or relating to these Terms, or the breach, termination or invalidity thereof, that cannot be resolved by good faith negotiations shall be finally settled by binding arbitration conducted in the English language in Raleigh, NC (USA), under the commercial arbitration rules of the American Arbitration Association (“AAA”). The prevailing party shall be entitled to an award of reasonable attorney fees incurred in connection with the arbitration in such amount as may be determined by the arbitrator. The award of the arbitrator shall be the sole and exclusive remedy of the parties and shall be enforceable in any court of competent jurisdiction. Notwithstanding the foregoing, you agree that we may apply for injunctive remedies (or an equivalent type of urgent legal relief) in any court of competent jurisdiction.
The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.
Questions about the Terms of Service should be sent to us at CustomerService@sabipets.com.
Last Modified May 2017.