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Terms of use

Effective as of July 1, 2017

By accessing or using our website, mobile, social media sites and/or other services (collectively and individually our "Site(s)"), however accessed, you agree to be bound by these terms of use ("Terms of Use"). These Terms of Use affect your legal rights and obligations. If you do not agree to be bound by all of these Terms of Use, do not access or use our Sites.

ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND SPINA ORGANICS, LLC WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION, AS MORE FULLY SET FORTH BELOW.

 
CONDITIONS OF USE
  1. You must be at least 18 years old to use our Sites.
  2. You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities via our Sites.
  3. You must not post private or confidential information via our Sites, including, without limitation, your or any other person's credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
  4. You may not solicit other users of our Sites or otherwise use our Sites for unauthorized marketing purposes.
  5. You may not solicit other users of our Sites or otherwise use our Sites for unauthorized marketing purposes.
  6. You must not create or submit unwanted email, comments, likes or other forms of commercial or harassing commu­ni­cations (a/k/a "spam") to any users of our Sites, or solicit, collect or use the login credentials or other users.
  7. You must not change, modify, adapt or alter our Sites or change, modify or alter another website so as to falsely imply that it is associated with us.
  8. You must not interfere or disrupt our Sites or servers or networks connected to our Sites, including by transmission of any worms, viruses, spyware, malware or any other harmful program or code of a destructive or disruptive nature.
  9. You may not inject content or code or otherwise alter or interfere with the way our Sites are rendered or displayed in a user's browser or device.
  10. You must not attempt to restrict another user from using or enjoying our Sites, and you must not encourage or facilitate violations of any of these Terms of Use or any other terms governing access and/or use of our Sites.
  11. In the event that you violate the letter or spirit of any of these Terms of Use, or otherwise create risk or possible legal exposure for Spina Organics (its parent(s), affiliate(s), directors, officers, employees or representatives), Spina Organics may, in its sole discretion, stop providing all or part of the Sites to you, suspend and/or cease any or all licenses and other rights granted to you in these Terms of Use, and/or terminate your member account.
 

REPRESENTATIONS AND WARRANTIES

By using our Sites, you represent and warrant that: (i) you are at least 18 years of age, (ii) all information you provide to us or via our Sites is true, accurate, complete and current, (iii) you have the legal capacity to agree to these Terms of Use, and (iv) you hold and will continue to hold all rights necessary to enter into and perform your obligations under these Terms of Use. You also agree that you will be responsible for obtaining and maintaining all hardware, software, and any and all other equipment or technological needs required for access to and use of our Sites, and that you will be responsible for all charges related thereto including, without limitation, all data charges that you incur through use of our Sites.

 

CHANGES; MONITORING & USE OF THE SITES

We reserve the right to modify or terminate the Sites or the availability of any products or services offered for sale through the Sites, or to refuse any user's access to the Sites, for any reason, without notice, at any time, and without liability to you. Upon termination, all licenses and other rights granted to you in these Terms of Use will immediately cease. In the event that we deny you access to our Sites in any way, the provisions in these Terms governing any copyright and other intellectual property rights, and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms shall survive such denial.
We reserve the right, in its sole discretion, to change these Terms of Use ("Updated Terms") at any time. You agree that your continued use of our Sites after the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Sites from that point forward. These Terms of Use will govern any disputes arising before the effective date of the Updated Terms.
While we do our best to moderate our Sites, we cannot and will be responsible for all content uploaded and/or posted by users, and users may be exposed to materials deemed inappropriate. By accessing and/or using our Sites, you understand and accept that you will be using them at your own risk. You are solely responsible for your interaction with other users of the Sites and third parties found through them. You agree that we are not responsible or liable for the conduct of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment when interacting with others, including when you submit or post content or any personal or other information.
We may provide users with the opportunity to submit, post, display, transmit, perform, publish, and/or distribute content and materials on or through our Sites including, without limitation, data, text, files, information, usernames, images, graphics, photographs, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and/or other content or materials (collectively, "User Content"). You are solely responsible for any User Content submitted, posted, or displayed on or via the Sites by you.
While we use all reasonable attempts to ensure the accuracy and completeness of information on the Sites, we are not responsible if information is not accurate or complete. Any reliance upon information, material, or content on the Sites shall be at your own risk. Information relating to nutrition and various medical, health and fitness conditions of pets and their treatment is for information only is not meant to be a substitute for the advice provided by your own veterinarian or other veterinary professional. You should not use or otherwise rely on the information contained in the Sites for diagnosing or treating a pet's health, fitness problem, or disease; you should always consult your own veterinarian and/or veterinary professionals for advice and guidance regarding a pet's nutrition, health, fitness and medical needs.
You acknowledge that paid services, sponsored content, and commercial communications may appear on the Sites and may not always be identified as such, and you grant us permission to use any information, photos, and other User Content as we see fit in our sole discretion, including, but not limited to, in conjunction with advertisements and promotions. You also agree to receiving emails from us about special offers, new products, and the latest news.
Although it is our intention for our Sites to be available as much as possible, there will be occasions when some or all of the services may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.

 

MEMBER ACCOUNTS

You may create a member account in connection with certain services on our Sites by registering your name, providing certain information about yourself, and creating a password. You agree that you will provide complete, current and accurate information upon registration and at all other times, and that you will update such information as necessary to maintain its truth and accuracy.
You are responsible for keeping your password secret and secure and for restricting access to your account. You agree not to disclose your username or password to any third party.
You agree you will not sell, transfer, license or assign your account, followers, profile, username, or any account rights. You agree that you will not create an account for anyone other than yourself and that you will not use your account in a manner that impersonates another person or entity or otherwise in a manner that does or is intended to mislead, confuse, or deceive others.
YOU AGREE THAT YOU ARE SOLELY AND FULLY RESPONSIBLE FOR ANY ACTIVITIES OR ACTIONS TAKEN UNDER YOUR ACCOUNT, WHETHER OR NOT YOU HAVE AUTHORIZED SUCH ACTIVITIES OR ACTIONS. You are solely responsible for your conduct and any User Content submitted, posted or displayed on or via the Sites through your account.
You must not use domain names or web URLs in your username without our prior written consent.
You must not create an account through unauthorized means, including but not limited to, by using an automated device, script, bolt, spider, crawler or scraper.
We reserve the right to force forfeiture of any username or to terminate an account for any reason at any time.

 

RIGHTS

We do not claim ownership of any User Content posted by users on or through the Sites. Instead, you hereby grant to us a perpetual, irrevocable, non-exclusive, royalty-free and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, sell, create derivative works from, distribute, publicly perform, and publicly display any and all User Content that you post on or through the Sites throughout the world through any and all media by any means, method, or process, subject to our Privacy Policy. Do not submit any User Content that you do not wish to license to us under these terms.
Upon submission of any User Content through the Sites, you further grant us and our sub-licensees the right to use the name (and/or name of your pet(s)) submitted when registering the account in connection with which such User Content is submitted.
The Sites may contain content owned or licensed by us ("Spina Content"). Spina Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and us, we own and retain all rights in all Spina Content and the Sites. The use of the Spina Content by you, or anyone else authorized by you, is prohibited unless expressly permitted by these Terms of Use or permitted by express permission provided elsewhere on the Sites. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Spina Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Spina Content or any portion thereof, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your web browser for display enhancement purposes.
  • Except as otherwise provided herein, you may print or down­load one copy of a reasonable number of pages in­cluded in the Sites for your own personal, non-commercial use and not for further reproduction, publication or distribution.
  • If we provide desktop, mobile or other applications for down­load, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

The Spina Organics name and logo are trademarks of Spina Organics, LLC and may not be copied, imitated or used, in whole or in part, without our prior written permission. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Spina Organics, LLC and may not be copied, imitated or used, in whole or in part, without our prior written permission. Nothing contained in these Terms of Use should be construed as granting any license or right to use any trademark without our prior written permission.
By your use of the Sites, you acknowledge and agree that we shall own and retain all intellectual property rights in any and all works created through your use of the Sites, including but not limited to derivative works of User Content. Subject to these Terms of Use and our Privacy Policy, we grant you a limited, non-exclusive, non-transferable, and revocable license, without right of sub-license, to non-commercial display of such works. Such works, including any and all Spina Content appearing on such works, may not be modified or altered. Such works may not be used for any commercial purpose or for any use outside of the Sites, including, but not limited to, reproduction, mo­di­fi­cation, creation of derivative works, distribution, or sale of such works, without our express written authorization. You acknowledge that unauthorized use of such works as described here shall constitute infringement of our valuable intellectual property rights, and may result in liability including but not limited to monetary damages.
Please note that, while you retain ownership of your User Con­tent, any template or layout in which you arrange or organize such User Content through tools and/or features made available through the Sites are not proprietary to you, and such template and layout shall be our sole and exclusive property.
You agree that we are not responsible for, and do not endorse, User Content posted within our Sites. We do not have any obli­gation to prescreen, monitor, edit, or remove any User Content. If your User Content violates these Terms of Use, you may bear legal responsibility for that User Content.
We reserve the right to remove any User Content from the Sites for any reason, without prior notice. User Content removed from our Sites may (but is not obliged to) continue to be stored by us, including, without limitation, in order to comply with cer­tain legal obligations, but may not be retrievable without a valid court order. Consequently, we encourage you to maintain your own backup of your User Content. In other words, none of our Sites are a backup service, and you agree that you will not rely on us for purposes of backup or storage. We will not be liable to you for any modification, suspension, or discontinuation of our Sites, or the loss of any User Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of User Content or other information may not be secure.
It is our policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested and to which certain specific terms, con­ditions and requirements may apply. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you agree we are free to use any such content, information, ideas, suggestions or other materials, for any pur­poses whatsoever, including, without limitation, developing and marketing products and services, without any liability or pay­ment of any kind to you.

 

ADDITIONAL CONDITIONS APPLICABLE TO USER-SUBMITTED CONTENT

By using our Sites to submit, post, display, transmit, perform, publish, and/or distribute any User Content, you represent and warrant that: (i) you are at least 18 years of age; (ii) you own the User Content posted by you on or through the Sites or otherwise have the right to grant the rights and licenses set forth in these Terms of Use; (iii) the posting and use of your User Content on or through the Sites does not violate, mis­appropriate or infringe on the rights of any third party, in­cluding, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights, and does not otherwise violate these Terms of Use; (iv) you agree to indemnify us for all claims resulting from any User Content that you post on or through the Sites, and to pay for all royalties, fees, and any other monies owed by reason of User Content you post on or through the Sites; and (v) you have the legal right and capacity to enter into these Terms of Use in your jurisdiction.
You may only post pictures of your own pets and pets from whose owners you have obtained express consent.
You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photographs or other content, or foul, sexually explicit, obscene, hateful, or otherwise inappropriate language via our Sites.
You may not post content or material that violates any right of a third party, including, but not limited to, copyright, trademark, privacy, property, confidentiality, and publicity rights.
You acknowledge and agree that we have no obligation to pre-screen, monitor, or enforce intellectual property rights with respect to User Content, but has the right to protect and enforce its and its licensees' rights with respect to User Content.
We may, but has no obligation to, remove, edit, block, and/or monitor User Con­tent or accounts containing User Content that we determine in our sole discretion violates these Terms of Use.
You understand and agree that we cannot and will not be responsible for User Content posted on our Sites, and that you use the Sites at your own risk.
Except as otherwise described in our Privacy Policy, User Content will be non-confidential and non-proprietary, and we will not be liable for any use or disclosure of the User Content. You acknowledge and agree that your relationship with us is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any User Content does not place us in a position that is any different from the position held by members of the general public, including with regard to your User Content. No User Content will be subject to any obligation of confidence on our part, and we will not be liable for any use or disclosure of any User Content.

 

COPYRIGHT & DIGITAL MILLENNIUM COPYRIGHT ACT

We respect the intellectual property rights of others, and expect users of our Sites to do the same. We will respond to notices of alleged copyright in­fringe­ment that comply with applicable law and are properly provided to us. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information:
(i)  The copyright owner's name (or company name), your full legal name, your title or job position, your full mailing address, telephone number, and email address;
(ii)  A description of the copyrighted work or other intellectual property that you claim has been infringed;
(iii) A description of where the material that you claim is in­fringing is located on the Site;
(iv)  A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(v)  A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or an authorized person to act on the copyright or intellectual property owner's behalf;
(vi) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other in­tellectual property interest;
(vii)  Notice of claims of copyright or other intellectual property infringement can be reached at info@spinaorganics.com.
We reserve the right to remove User Content alleged to be in­fringing without prior notice and in our sole discretion. In appropriate circumstances, we will also terminate the account of a user determined, in our sole discretion, to be a repeat in­fringer.

 

MAKING PURCHASES

We do not take orders for our products directly; we sell our pro­ducts exclusively through our Amazon Site and Amazon, Inc.'s terms and conditions shall apply to each transaction. If you are under 18 years old, you may not purchase products through our Amazon Site without the involvement of a parent or guardian. By submitting an order, you are representing that you are at least 18 years old.
You may only purchase products for personal, non-commercial use. All information that you provide to our third-party payment processor must be accurate, current, and complete. YOU RE­PRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT MEANS USED TO INITIATE ANY TRANSACTION. You agree to pay all charges in­curred by you or any user of you account and credit card (or other applicable payment mechanism) at the prices in effect when such charges are incurred.
Descriptions, images, references, features, content, spe­ci­fi­cations, products, price, and availability of any products are sub­ject to change without notice. We reserve the right to dis­continue or change speci­fi­cations and price of products without prior notice. Descriptions of, or references to, products on the services do not constitute a warranty. The product images displayed on the Sites are for illustration purposes only, and may not exactly reflect the product you receive. Some design revisions, color variations and/or packaging variations may exist. We make reasonable efforts to accurately display the attributes of our products, including the applicable colors; how­ever, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products on our Sites at a particular time does not imply or warrant that these products will be available at any time.
It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any of our products. By placing an order, you represent that the products ordered will be used only in a lawful manner.
We are committed to providing information that is accurate. However, due to human error or otherwise, our Sites may occasionally contain pricing, product descriptions, quantities, images, product discontinuation and/or other content that may be incorrect, incomplete, inaccurate, unreliable, not current, and/or not error-free. Although we make every effort to ensure these mistakes do not happen, we cannot honor incorrect prices, misprints, or typographical errors. Errors in advertised prices are not binding, and may be adjusted at any time.

 

LINKS TO THIRD PARTIES

If our Sites contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the content of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to our Sites, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

 

DISCLAIMER OF WARRANTIES

THE SITES, INCLUDING, WITHOUT LIMITATION, SPINA CON­TENT, AND ALL PRODUCTS OFFERED THROUGH THE SITES, IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER SPINA ORGANICS, LLC NOR ITS PARENTS, AFFILIATES, NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR REPRESENTATIVES MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SITES; (B) THE SPINA CONTENT; (C) USER CONTENT; (D) PRODUCTS SOLD OR OFFERED FOR SALE THROUGH THE AMAZON SITE; OR (E) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO US OR VIA THE SITES. IN ADDITION, WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. NOTE: APPLICABLE LAW MAY NOT PERMIT THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
WE DO NOT REPRESENT OR WARRANT THAT THE SITES OR PRODUCTS OFFERED THEREIN WILL BE ERROR-FREE OR UN­ THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITES OR THE SERVER THAT MAKES THE SITES AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMI­TATION, VIRUSES. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SITES IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SITES IS AT YOUR SOLE RISK. YOU ASSUME RESPONSIBILITY FOR SELECTING THE PRODUCTS AND/OR SERVICES TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE USE OF AND RESULTS OBTAINED FROM THE PRODUCTS AND/OR SERVICES.
WE DO NOT WARRANT THAT YOUR USE OF THE SITES IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND WE SPE­CI­FI­CALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE. BY ACCESSING OR USING THE SITES YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SITES.
WE DO NOT ENDORSE USER CONTENT AND SPECIFICALLY DIS­CLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CON­SE­QUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIA­BILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY USER CONTENT.
NO STATEMENT MADE BY US OR ANY OF OUR EMPLOYEES, AGENTS, REPRESENTATIVES, DISTRIBUTORS OR OTHER THIRD PARTIES, SHALL CREATE ANY WARRANTY OTHER THAN THOSE EXPRESSLY CONTAINED IN THESE TERMS.

 

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, IN­DIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, IN­CI­DEN­TAL OR CONSEQUENTIAL LOSSES OR DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO: (A) THE SITES; (B) THE CONTENT MADE AVAILABLE ON THE SITE; (C) USER CONTENT; (D) ANY PRODUCTS SOLD OR OFFERED FOR SALE THROUGH THE SITES; (E) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SITES OR ANY PRO­DUCTS OFFERED THEREIN; (F) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY US OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF THE SITES; (G) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (H) ANY ERRORS OR OMISSIONS IN THE SITES' OPERATION; OR (I) ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECH­NOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAM­PERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION. SUCH LIMITATION OF LIABILITY SHALL IN­CLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MAL­FUNCTION, EVEN IF FORESEEABLE, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TE­LE­COMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION). IN NO EVENT WILL WE BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CON­SEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF OUR ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN IN­JUNCTION PREVENTING ANY EXPLOITATION OF AOUR SITES AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF OUR SITES, PRODUCTS, SERVICES, OR OTHER CONTENT OWNED OR CONTROLLED BY US.
IN NO EVENT SHALL OUR LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION BE GREATER THAN THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE BASIS FOR THE CLAIM OR EXCEED ONE THOUSAND UNITED STATES DOLLARS ($1000.00). NOTE: SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
WE ARE NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RE­LEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.

 

INDEMNIFICATION

You (and also any third party for whom you operate an account or activity on our Sites) agree to defend (at our request), indemnify and hold Spina Organics, LLC (its parent(s), affi­liate(s), directors, employees, representatives and assigns) harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, attorneys' fees and costs, arising out of or in any way connected with any of the following (including as a result of your activities on the Sites or those conducted on your behalf and/or through your member account): (i) your access to or use of the Sites, in­cluding, but not limited to, submission of User Content; (ii) your breach or alleged breach of these Terms of Use; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, re­gu­lations, codes, statutes, ordinances or orders of any govern­mental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative au­ or (v) any misrepresentation made by you. You will fully cooperate in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to in­demnification by you, and you will not in any event settle any claim without our prior written consent.

 

ARBITRATION

For any dispute you have with us, you agree to first contact us via info@spinaorganics.com and attempt to resolve the dispute with us informally.
For any dispute that cannot be resolved informally, you agree that all disputes between you and us (whether or not such dispute involves a third party) with regard to your relationship with Spina Organics, LLC (its parent(s), affiliate(s), directors, employees or representatives), including, without limitation, disputes related to these Terms of Use, your use of our Sites, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration under the American Arbitration Association's ("AAA") rules for arbitration of consumer-related disputes and YOU HEREBY EXPRESSLY WAIVE TRIAL BY JURY. As an alternative, you may bring your claim in your local "small claims" court, if permitted by that small claims court's rules. You may bring claims only on your own behalf. YOU WILL NOT PARTICIPATE IN A CLASS ACTION OR CLASS-WIDE ARBI­TRATION FOR ANY CLAIMS COVERED BY THIS AGREEMENT.
This dispute resolution provision will be governed by the Federal Arbitration Act. In the event the American Arbitration Asso­ciation is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services ("JAMS"). In any event, the arbitration shall be conducted in front of one (1) arbitrator appointed by AAA or JAMS.
Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any pro­vision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that con­flict with these Terms of Use.
This arbitration agreement will survive the termination of your relationship with us.
We reserve the right to change this dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the amendment.

 

TIME LIMITATION ON CLAIMS

You agree that any claim you may have arising out of or related to these Terms of Use or your use of our Sites must be filed within one year after such claim arose; otherwise, your claim shall be permanently barred.

 

GOVERNING LAW

These Terms of Use are governed by and construed in accor­dance with the laws of the State of California, without giving effect to any principles of conflicts of law AND WILL SPE­CI­FI­CALLY NOT BE GOVERNED BY THE UNITED NATIONS CON­VEN­TIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE.

 

SEVERABILITY & WAIVER

If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. Our failure to insist upon or enforce strict performance of any pro­vision of these Terms will not be construed as a waiver of any provision or right. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition.

 

ENTIRE AGREEMENT

If you are using our Sites on behalf of a legal entity, you re­pre­sent that you are authorized to enter into an agreement on behalf of that legal entity. These Terms of Use constitute the entire agreement between you and Spina Organics, LLC re­gar­ding the Sites and governs your use thereof, superseding any prior agreements. We may assign these Terms of Use or any rights hereunder without your consent. Neither the course of conduct between the parties nor trade practice will act to modify the Terms of Use. These Terms of Use do not confer any third-party beneficiary rights.

 

TERRITORIAL RESTRICTIONS

The information provided within our Sites is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Spina Organics, LLC to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of our Sites or any portion thereof, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature. We not represent or warrant that our Sites or any part thereof, or any products offered through the Sites is appropriate or avai­lable for use in any particular jurisdiction. Those who choose to access the Sites do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations.

 

HOW TO CONTACT US

Please feel free to contact us if you have any more questions about these Terms of Use at info@spinaorganics.com.

 

The effective date of these Terms of Use is July 1, 2017. These Terms of Use were written in English and to the extent any translated version of these Terms of Use conflicts with the English version, the English version shall control.

 

PRIVACY POLICY

Last updated July 1, 2017

Spina Organics ("we" "our") takes your privacy seriously. Our primary goal is to provide you with exceptional service, and we understand that you may have questions or concerns regarding your personal information and how it will be used. To make this privacy policy easy to find, we make it available from our home page and through our mobile application. You may also email us at info@spinaorganics.com with any privacy-related questions you may have.
It's important to know that our services may contain links to third party sites not controlled by us or covered by this notice. We recommend that you check the privacy statements of other sites you visit before providing any personal information.

 

APPLICABILITY OF THE PRIVACY POLICY

This privacy policy applies to all information we collect through our website, social media sites and/or mobile application (collectively or individually our "Site(s)").
Throughout this policy, we use the term "personal information" to describe information that can be associated with a specific person and can be used to identify that person. We do not consider personal information to include information that has been anonymized so that it does not identify a specific user.

 

THE INFORMATION WE COLLECT

When you use our Site, we may collect your cellular/wireless telephone number, the device type, machine or mobile device identification number, IP address, or mobile device ID and other similar information, and standard login information, such as your browser type and the pages you accessed. We also may collect certain geo-location information, time zone, language setting, and browser type. If you do not agree to our collection of this information, you may not be able to use our services. If you open an account, we may collect the following information from you:

  • Identification information - your name, street address, email address, and date of birth;
  • Your pet's name, gender, breed, age, and skin condition;
  • Login information – username and password;
  • Purchase-related information - credit card information, billing address;
  • Social Web Information - including but not limited to your Facebook, Instagram, Goole and other similar connect credentials (and information that you authorize such sites to share with us) and email account information. If you authorize Facebook Connect, Instagram or Google Connect, the plug in allows us access to your friends' contact information. We also allow you to import data from other social web services, including but not limited to Twitter, FourSquare, and email service providers. Social and e-mail contact information helps you connect to friends and contacts for invitation and payment transmission purposes (as well as helping us improve our services and fight fraud);
  • Any content you submit, publish, repost, tag, like or share on our Sites, including pictures, videos and other posts ("User Content");
  • Additionally, another user of our Sites may mention you in a picture, comment or post in which you are not a party to by "tagging" you. When you are mentioned in such a post, a link to your profile may appear in which case you will receive a notification about the mention.

 

ANALYTICS INFORMATION

When you are using our Sites, we collect information about your activities on our Sites. Our Sites may employ third-party analytic tools and embedded scripts to help measure traffic and usage trends. These tools collect information sent by your device to our services, including web pages you visit, add-ons, and other information that assists in improving our services. This analytic information is collected and used in connection with other users' analytics and cannot be used to identify any particular user.

 

INFORMATION FROM CHILDREN

We do not knowingly solicit or collect information from any in­di­viduals under the age of 13. Our Sites are not directed at children under the age of 13. In the event that we learn that we collected any information from a minor (under the age of 18) without parental consent, we will delete that information as quickly as possible. Visit the Federal Trade Commission website for more information on the Children's Online Privacy Protection Act (COPPA).

 

DEVICE IDENTIFIER

When you are using our Sites, we may access, collect, monitor, store on your device, and/or remotely store one or more "device identifiers." Device identifiers are small data files or similar data structures stored on or associated with your device, which uniquely identify your device. A device identifier may be data stored in connection with the device hardware, with the device's operating system or other software, or data sent to the device by our services. A device identifier may deliver in­for­mation about how you browse and use our Sites and may assist in providing reports or personalized content and ads. Some features may not function properly if use or availability of device identifiers is impaired or disabled.

 

METADATA

Metadata is technical data that is associated with User Content and that can describe when, how and by whom a piece of User Content was formatted and collected.

 

HOW WE USE THE INFORMATION WE COLLECT

Our primary purpose in collecting personal information is to pro­vide you with a safe, smooth, efficient, fun and customized ex­perience. We may use your personal information to:

  • provide the products, services and customer support you request;
  • process requests and process transactions;
  • resolve disputes and troubleshoot problems;
  • prevent potentially fraudulent, prohibited or illegal activities on our Sites, and enforce our Terms of Use;
  • customize, personalize, measure, and improve our Sites;
  • develop and test new products, services and features;
  • send you updates about new products and services, and promotions that we are offering to customers;
  • remember information on behalf of users;
  • compare information for accuracy and verify it with third parties;
  • conduct relevant marketing research; and
  • perform other duties as required by law.

 

HOW PERSONAL INFORMATION IS SHARED WITH THIRD PARTIES

We may share the personal information we collect about you with third parties, such as companies performing services on our behalf (for example hosting of our Sites) to provide the products or services you have requested. We work with third party vendors to enable payments. In doing so, our transaction vendor may share information about you with us, and we may share information with them. We use this information to confirm to that vendor that you are a customer and that the vendor should proceed with payment for your purchase of our products or services. We will not disclose your credit card number or bank account number to anyone else, except with your express permission or if we are required to do so to comply with a subpoena or other legal process.
We may share information about you with our affiliates and non-affiliates for analysis, market research and marketing purposes as allowed by law. We do not share your personal information with third parties for promotional or marketing purposes. We will not use your information to provide you with marketing offers or promotions on behalf of third parties.
We may share User Content and user information (including but not limited to, information from cookies, log files, device identifiers, location data, and usage data) between our Sites.
As permitted by law, we may also share information collected about you with companies with whom we have formal agreements to offer you our services.
When you broadcast information to third-party services, such information is no longer under our control and is subject to the terms of use and privacy policies of such third parties. We do not send your personal information to third-party social networks unless you have specifically requested or authorized us to do so.
Finally, we may disclose your personal information to law enforcement, government officials, or other third parties if we are compelled to do so by a subpoena, court order or similar legal procedure, when it is necessary to do so to comply with law, or where the disclosure of personal information is reasonably necessary to prevent physical harm or financial loss, to report suspected illegal activity, or to investigate violations of our User Agreement, or as otherwise permitted or required by law.

 

HOW WE PROTECT & STORE PERSONAL INFORMATION

We store and process your personal information using third party servers located in secure data centers. This information is protected by physical, electronic and procedural safeguards in compliance with applicable US federal and state regulations.
We make commercially reasonable efforts to ensure security on our systems. Despite our efforts, we cannot guarantee that personal information may not be accessed, disclosed, altered or destroyed by breach of our administrative, managerial and technical safeguards. Therefore, we urge you to take adequate precautions to protect your personal data as well, including never sharing your password with anyone.
If we learn of a security breach, we may attempt post a notice on our site or notify you electronically so that you can take appropriate protective steps. By using our Sites, you agree that we may communicate with you electronically. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice of a security breach), send us an email at info@spinaorganics.com.

 

HOW WE USE COOKIES

We may place small data files called "cookies" on your device. This type of cookie helps us to recognize you if you visit multiple pages on our Site during the same session, so that we don't need to ask you for your password on each page. You are free to decline our cookies if your browser permits, but doing so may interfere with your use of our Sites.
We may also use Flash® objects (sometimes called "Local Shared Objects") as part of our online authentication to help us recognize your device when you come back to our Services. We do not use Flash objects for any online behavioral advertising purpose.
The third parties we contract with may use cookies or other technologies to gather interest-based information to customize the ads you see. Neither us nor the third parties collects any personally identifiable information through these cookies. We may also use aggregate data to display ads or content that may interest you.

 

USER CONTENT; PUBLIC FORUMS AND SOCIAL MEDIA

Any information or content you voluntarily disclose to the public forums on our Sites (including, without limitation, User Content) becomes public. Once you share such information and content, it may be re-shared by us or others for any purpose or any reason whatsoever.
User Content is searchable by other users. If you remove such User Content from our Sites, copies may remain viewable in our archived pages or if third parties have copied or saved that User Content (or information).
We also provide experiences through social media sites such as Facebook, Twitter, Instagram, Pinterest, LinkedIn and YouTube. Any and all information you share on these Social Media sites is visible to any visitor to these sites. Refer to each social media site for their Terms of Use and Privacy Policies.
We do not control the information collection of sites that can be reached through links from our Sites. We encourage our users to be aware when they are leaving our Sites and to read the privacy statements of any site that collects personally identifiable information. You should use caution when deciding to disclose personal information in these areas.

 

ADVERTISING

We may use device information, particularly in mobile ad­ver­tising, to help deliver our ads and measure ad campaign effectiveness. We will not collect any personally identifiable information (PII) but may collect your device information when you visit one of our sites or see our ads. Compiling and comparing this information creates a unique ID for individual devices and can be "matched" to the same information on other sites or mobile applications. Some companies we work with are also able to associate related devices into households based on common characteristics, such as IP addresses.

 

CHANGES TO OUR PRIVACY POLICY

We are always improving and as our services evolve, we may occasionally update this Privacy Policy. If we modify this Privacy Policy, we will post the revised policy and revise the "last updated date" stated above. If we make material changes in the way we use personal information, we will notify you by posting an announcement on our Sites or by sending you an e-mail. It is your responsibility to periodically review this Privacy Policy. You are bound by any changes to the Privacy Policy by your continued use of our Sites.

 

YOUR CALIFORNIA PRIVACY RIGHTS

California Civil Code Section 1798.83 permits users of the Sites that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please contact us directly at info@spinaorganics.com.

 

HOW TO CONTACT US

If you have questions or concerns regarding this Privacy Policy, or any feedback pertaining to your privacy and our Services that you would like us to consider, please email us at info@spinaorganics.com.

 

The effective date of this Privacy Policy is July 1, 2017. This policy was written in English and to the extent a translated version thereof conflicts with the English version, the English version controls.