Terms of Service
Welcome to Acabonac Pet! The Acabonac Pet Website and services are provided byAcabonac Pet and Acabonac Farms, LLC, (“Acabonac Pet”, “we” “us” or “our”). These terms and conditions (these “Terms and Conditions”) govern your (“you” or “your”) access to and use of the Acabonacpet.com web site (the “Website”) and all services provided by Acabonac Pet via the Website including without limitation Acabonac Pet dog food product and autoship service (collectively, the “Services”).
By using our Website or subscribing to our Services, you indicate your unequivocal and unconditional acceptance of the following Terms and Conditions. Please read them carefully, as they may have changed since your last visit.
You, as a user have a personal, non-transferable, non-exclusive right to access and use the Content of this Website subject to these Terms and Conditions. The term “Content” means all information, video, text, images, data, links, software, or other material, whether copyrighted or otherwise protected by state or federal law, or not, that may be accessible through the Website or Services, whether created by us or provided by another person for display on the Website or through the Services.
The Content may contain inadvertent errors or inaccuracies. We reserve the right to make changes to the Website without obligation to issue any notice of such changes.
You may view, copy, download, and print Content that is available on this website or through the Services, subject to the following conditions:
The Content may be used solely for internal informational purposes. No part of this website or its Content may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording for any other purpose.
The Content may not be modified.
Copyright, trademark, and other proprietary notices may not be removed.
Nothing contained on this Website or through the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Website or any Content displayed on this Website, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms of Service; or (b) with our prior written permission or the permission of such third party that may own the trademark or copyright of material displayed on this Website.
Scope of Service
Acabonac Pet, through its members, employees and agents maintains this Website as a service to the Website user community that visits the Website subject to these Terms and Conditions. You as a user, are responsible for paying any fees for the equipment and service you select and for obtaining any equipment and Internet service necessary to access our Website. We may alter, suspend, or discontinue this Website or the Services in whole or in part, at any time and for any reason, or no reason, in our sole, absolute and unfettered discretion, without notice. The Website may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons or no reason.
In order to start your ongoing Acabonac Pet autoship subscription, you must first create an account on our Website. In order to become a registered user, we will ask you to complete a registration form to create a Acabonac Pet account, and provide a user name or email and create a password (“Login Credentials”). During any such registration, you are required to give truthful contact information (such as name and email address) in accordance with these Terms of Service. Certain Services may require additional information, such as credit card information, and we may request optional information about your dog.
As a registered user of Acabonac Pet’s Services, you agree to receive emails from us regarding our Services. We may from time to time send you email messages with information about upcoming events, or information about our product and service offerings. You may opt-out from receiving correspondence from us by emailing firstname.lastname@example.org or selecting to unsubscribe as may be provided in the applicable e-mail correspondence.
Product Purchase & Shipping
Customers order Acabonac Pet through the Website. Acabonac Pet is exclusively available through on-going autoship subscriptions. We or a third-party shipping company will ship such products to the address you provide in the course of ordering such products. Any orders will be shipped F.O.B Salt Lake City, Utah 84020.
Shipping is offered exclusively through UPS Next Day Air, UPS Next Day Air Saver, or UPS Ground at additional cost to you, within the Continental U.S. only. Because Acabonac Pet is shipped by UPS, you will be careful to supply a UPS-deliverable shipping address and Acabonac Pet will not be responsible for any shipments that are not deliverable due to a non-deliverable address.
Prices offered via the Website may change at any time, and we do not provide price protection or refunds in the event of a price reduction or promotional offering.
On-Going Autoship Subscription Delivery
When you choose to purchase a recurring autoship order of Acabonac Pet, you must specify the quantity and shipping interval. Acabonac Pet is available in 12, 24 and 48 pound shipments (each of individual one-pound frozen packages of Acabonac Pet.) Shipping intervals are every two, four and eight weeks. Acabonac Pet reserves the right to change sizes and shipping interval options from time to time. Accordingly, Acabonac Pet cannot guarantee that a selection available in a particular timeframe will be available in any subsequent timeframe.
BY SUBSCRIBING YOU AGREE TO PAY THE ONGOING AUTOSHIP SUBSCRIPTION CHARGES FOR THE PRODUCTS THAT ARE SUPPLIED FOR EACH AUTOSHIP DELIVERY.
Billing and Payments
For your convenience and continuous subscription benefits as a member, if your payment method reaches its expiration date and you do not edit your credit card information or cancel your account, you authorize us to continue billing that credit card on file including extending the expiration date until we are notified by you or the credit card company that the account is no longer valid. We encourage you to constantly update your payment method information or cancel your account should you wish to discontinue your autoship purchase of Products.
We use a third party payment service in lieu of directly processing your credit card information. By submitting your credit card information, you grant Acabonac Pet the right to store and process your information with the third party payment service, which it may change from time to time; you agree that Acabonac Pet will not be responsible for any failures of the third party to adequately protect such information. All financial matters regarding your information are subject to the conditions of the third party payment service provider’s terms of service; the current versions is attached as a link at http://recurly.com/legal/terms. You acknowledge that we may change the third party payment service and move your information to other service providers that encrypt your information using secure socket layer technology (SSL) or other comparable security technology.
Shipping and Risk of Loss
Unless otherwise indicated at the time of your purchase, shipping dates and/or arrival times are only estimates. For loss/damage claims, you must notify Acabonac Pet within seven (7) days of the date of your delivery if you believe all or part of your order is missing or damaged. Replacement of products and refunds for shipped merchandise claimed as not received are subject to our investigation with UPS. Repeated claims of undelivered merchandise may result in the cancellation of your autoship. All shipments shall be F.O.B Salt Lake City, Utah 84020.
Returns, Replacements and Refunds
If you believe the Acabonac Pet you receive is defective or you are not 100% Satisfied with Acabonac Pet for any reason, call us within seven (7) days of your receipt of the product and we will promptly provide your choice of a full replacement or full refund. This 100% Satisfaction Guarantee applies ONLY to orders shipped by UPS Next Day Air and UPS 2nd Day Air.Because we cannot control the timing of shipment, and UPS Ground will not guarantee a specific delivery time, Acabonac Pet’s 100% Satisfaction Guarantee does not apply to orders shipped by UPS Ground service. In most situations in the Western US, UPS Ground will, in fact, deliver within two days but will not guarantee that delivery. Acabonac Pet Premium Raw Dog Food must ship in 3 days or less in order to meet our high standard of quality and freshness so we do not offer UPS Ground east of Colorado.Due to the perishable nature of our product, Acabonac Pet does not accept returns. Please do not ship Acabonac Pet back to the return address on the shipping label.
Acabonac Pet has no obligation to provide refunds or replacements, but may grant them in certain circumstances, as a result of specific refund guarantee promotions, or to correct any errors made by Acabonac Pet, in each case in Acabonac Pet’s sole, absolute and unfettered discretion.
You may be charged local sales tax or VAT, if applicable.
This Website may be accessed from countries other than the United States. This Website and the Services may contain products or references to products that are only available within the United States and U.S. territories. Any such references do not imply that such products will be made available outside the United States. If you access and use this Website outside the United States you are responsible for complying with your local laws and regulations.
Autoship Modification and Subscription Cancellations
You may log into your account page on the Website and any time and skip a scheduled shipment, modify the quantity of your on-going subscription, or modify the internal between autoships. ANY CHANGES SHOULD BE MADE AT LEAST THREE DAYS PRIOR TO YOUR NEXT SCHEDULED AUTOSHIP.
WHILE YOU CAN MAKE MODIFICATIONS TO OUR SERVICE, YOUR ON-GOING AUTOSHIP SUBSCRIPTION WILL CONTINUE UNTIL YOU CANCEL THE SUBSCRIPTION. To cancel, you must call us at least three days prior to your next scheduled autoship.
IF YOU DO NOT MODIFY OR CANCEL AT LEAST THREE DAYS PRIOR TO YOUR NEXT SCHEDULED AUTOSHIP, WE CANNOT GUARANTEE THAT WE WILL BE ABLE TO MODIFY THE SCHEDULED AUTOSHIP AND YOU WILL BE CHARGED FOR AND RECEIVE THE PREVIOUSLY-SCHEDULED AUTOSHIP.
We may terminate your autoship, without notice, for conduct we believe in our sole, absolute and unfettered discretion violates these Terms and Conditions or our policies, or is harmful to our business interests.
Limitation of Liability
IN NO EVENT SHALL ACABONAC PET OR ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE TO ANY USER OF THIS WEBSITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF THE USE, INABILITY TO USE, UNAUTHORIZED ACCESS TO OR USE OR MISUSE OF THE PRODUCTS OR THE WEBSITE OR ANY INFORMATION CONTAINED THEREON, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
YOU AGREE ACABONAC PET’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS AND CONDITIONS, THE WEBSITE, THE CONTENT, OR ANY PRODUCT OR SERVICES WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT YOU PAID TO RAWF PET FOOD IN THE THEN-PRIOR CALENDAR MONTH.
By using this Website, our Services, or supplied Products, you agree to indemnify, hold harmless and defend Acabonac Pet, its Officers, Directors, Members, Employees, Agents and Affiliates from any claims, damages, losses, liabilities, whatsoever and all costs and expenses of defense, including but not limited to, attorneys’ fees, resulting directly or indirectly from a claim by a third party that arises in connection with use of this Website, Services, or Products by you or any other person accessing the Website using your Acabonac Pet login account.
Content Submitted by Users
Liability: We are not responsible or liable for the conduct of users or for any views, opinions and statements expressed in Content submitted for public display through our Website. We may not prescreen information posted to online comments; we may act as a passive conduit for such distribution and are not responsible for Content. Any opinions, advice, statements, or other information in Content expressed or made available by users of online comments are those of the respective author(s) or distributor(s) and not of Acabonac Pet. We neither endorse nor guarantee the accuracy, completeness, or usefulness of any such Content. You are responsible for ensuring that Content submitted to this Website is not provided in violation of any copyright, trade secret or other intellectual property rights of another person or entity. You shall be solely liable for any damages resulting from any infringement of copyrights, trade secret, or other intellectual property rights, or any other harm resulting from your uploading, posting or submission of Content to this Website.
Monitoring: We have the right, but not the obligation, to monitor Content submitted to our Website through an online comments, to determine compliance with these Terms and Conditions and any other applicable rules that we may establish. We have the right in our sole absolute and unfettered discretion to edit or remove any material submitted to or posted through this Website. Without limiting the foregoing, we have the right to remove any material that Acabonac Pet, in its sole absolute and unfettered discretion, finds to be in violation of these Terms and Conditions or otherwise objectionable, and you are solely responsible for the Content that you post to this Website.
Lobbying: Federal law restricts lobbying activities by tax-exempt organizations. “Lobbying” includes certain activities intended to influence legislation. Content posted by users does not constitute lobbying by Acabonac Pet, but may constitute lobbying by you or an organization that you represent. You are responsible for complying with any applicable lobbying restrictions.
By accessing our Website, you agree to abide by the following Standards of Conduct. You agree that you will not, and will not authorize or aid in or facilitate any attempt by another person to use our Website to:
- Transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, lewd, lascivious, or otherwise objectionable, as determined by Acabonac Pet in its sole, absolute and unfettered discretion.
- Use a name or language that Acabonac Pet, in its sole, absolute and unfettered discretion, deems offensive.
- Post defamatory statements.
- Post hateful or racially or ethnically objectionable Content.
- Post Content which infringes another’s copyright, trademark or trade secret.
- Post unsolicited advertising or unlawfully promote products or services.
- Harass, threaten or intentionally embarrass or cause distress to another person or entity.
- Impersonate another person.
- Promote, solicit, or participate in any multi-level marketing or pyramid schemes.
- Exploit children under 18 years of age.
- Engage in disruptive activity such as sending multiple messages in an effort to monopolize the forum.
- Introduce viruses, worms, Trojan horses and/or harmful code to the Website.
- Obtain unauthorized access to any computer system through the Website.
- Invade the privacy of any person, including but not limited to posting personally identifying or otherwise private information about a person without their consent (or their parent’s consent in the case of a child under 13 years of age).
- Solicit personal information from children under 13 years of age.
- Violate any federal, state, local, or international law or regulation.
- Encourage conduct that would constitute a criminal or civil offense.
Compliance or non-compliance with the Prohibited Content and the Standards of Conduct shall be determined by Acabonac Pet in its sole, absolute and unfettered discretion and Acabonac Pet reserves the right to refuse or discontinue service or prohibit access to the Website to any user in its sole, absolute and unfettered discretion.
Acabonac Pet does not claim ownership of or responsibility for any materials you make available through the Website. With respect to any materials you submit or make available for inclusion on the Website, you grant Acabonac Pet a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant Acabonac Pet the license specified above. You further represent, warrant and covenant that any materials you provide will not contain libelous or otherwise unlawful in any manner whatsoever, abusive or obscene. Acabonac Pet will be entitled to use any content submitted by you without incurring obligations of confidentiality, attribution or compensation to you.
Acabonac Pet services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. Individuals under the age of 18 can use this service only in conjunction with and under the supervision of a parent or legal guardian. In this case, the adult is the user and is responsible for any and all activities, subscribers and purchasers.
Intellectual Property Rights
Unless otherwise noted, all Content contained on this Website is the property of Acabonac Pet and/or its affiliates or licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. Product names are trademarks or registered trademarks of their respective owners.
We do not claim ownership of Content submitted by users without compensation by Acabonac Pet and with the expectation that such Content will be made publicly accessible through our Website. By submitting such Content, however, you agree to grant us a world-wide, royalty-free, perpetual, irrevocable, non-exclusive license to use, distribute, reproduce, modify, adapt, create derivative works from, and publicly perform or display such Content. This license shall remain in effect until we delete the Content from our systems.
Copyright Infringement; Notice and Take Down Procedures
If you believe that any materials on this Website infringe your copyright, you may request, in writing, that they be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an authorized representative and must include the following information: (1) identification of the copyrighted work that you claim is being infringed, including a detailed description of the work and a copy or the location of an authorized version of the work; (2) identification of the material that you believe to be infringing and its location, including a detailed description of the material, its website location or other pertinent information that will help us to locate the material; (3) your name, address, telephone number, and email address; (4) a statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law; (5) a statement that the information in your claim is accurate; (6) a statement that “under penalty of perjury,” you declare that you are the lawful copyright owner or are authorized to act on the owner’s behalf; and (7) a copy of the copyright document showing the copyright you feel is being infringed as granted by the United States Patent and Trademark Office. For copyright issues relating to this Website, please contact: RAWF Pet Food, LLC, 1776 Park Avenue, Suite 4-122, Park City, UT 84060.
In an effort to protect the rights of copyright owners, we maintain in our sole, absolute and unfettered discretion a policy for the termination, in appropriate circumstances, of users of this Website who are repeat infringers.
When you register to participate in Acabonac Pet services on this Website, you may be required to establish a login identifier and a password. You are solely responsible for protecting your login and password from unauthorized use, and you are solely responsible for all activity that occurs on your account (including without limitation financial obligations). You agree to notify us immediately if you believe that your login or password has been or may be used without your permission so that appropriate action can be taken. We are not responsible for losses or damage caused by unlawful or inappropriate use of your login and password.
Disclaimer of Warranty
YOU ARE SOLELY RESPONSIBLE FOR DETERMINING IF THE PRODUCTS ARE SUITABLE FOR USE OR CONSUMPTION BY YOUR DOG. WE ARE NOT ABLE TO PROVIDE ANY ASSURANCES REGARDING ALLERGIES. WE HIGHLY RECOMMEND THAT YOU CONSULT WITH YOU DOG’S VETERINARIAN REGARDING THE USE OR CONSUMPTION OF THE PRODUCTS BY YOUR DOG
Under no circumstances will we be liable for any loss or damage caused by your use of the Products or your reliance on information in any Content on this Website. YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY ARISING FROM OR RELATING IN ANY WAY TO ANY PRODUCT SHALL BE ITS REPLACEMENT OR REFUND.
YOU MUST REPORT DEFECTIVE PRODUCTS WITHIN SEVEN (7) DAYS OF DELIVERY.
EXCEPT AS EXPRESSLY PROVIDED HEREIN, ALL PRODUCTS SUPPLIED, AND ALL TEXT, IMAGES, AND OTHER INFORMATION ON OR ACCESSIBLE FROM THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, ACABONAC PET DOES NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE ON THIS WEBSITE IS FREE OF ERRORS; (ii) THE PRODUCTS OR SERVICES ARE NOT DEFECTIVE; (iii) THE FUNCTIONS OR PROVIDED BY THIS WEBSITE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS; (iv) DEFECTS WILL BE CORRECTED, OR (v) THIS WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Links to Third-Party Websites
This Website may contain links to third party Websites that are provided to you as a convenience. Any outside Website accessed from our Website is independent from Acabonac Pet, and we have no control over the content of such Websites. We are not responsible for the content of any linked Website or for any loss or damage incurred in connection with your use such links or dealings with the operators of such third party Websites.
No Implied Endorsements
In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by Acabonac Pet of that third party or of any product or service provided by a third party. Likewise, a link to any third party Website does not imply that we endorse or accept any responsibility for the content or use of such a Website. Acabonac Pet does not endorse, warrant or guarantee any product or service offered by any third party through an online discussion forum or chat room accessible through this Website and will not be a party to or in any way monitor any transaction involving any third party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you are responsible for exercising appropriate judgment and caution.
We make no representation that information on this Website, or the Products or Services we provide, are appropriate or available for use outside the United States. Those who choose to access this Website from outside the United States do so on their own initiative and at their own risk and are responsible for compliance with applicable local laws.
We may terminate any user’s autoship subscription or access to our Website or Services, in our sole, absolute and unfettered discretion, for any reason or no reason and at any time, with or without prior notice. It is our policy to terminate users who violate these terms and conditions, as deemed appropriate in our sole, absolute and unfettered discretion. You agree that we are not liable to you or any third party for any termination of your access to our Website or Services.
These Terms and Conditions shall be governed and interpreted pursuant to the laws of the State of Utah, United States of America, notwithstanding any principles of conflicts of law.
All disputes arising out of or relating to these Terms and Conditions shall be finally resolved by arbitration conducted in the English language in Salt Lake City, UT, U.S.A. under the commercial arbitration rules of the American Arbitration Association. The parties shall appoint as sole arbitrator a retired judge who presided in the State of Utah. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys’ fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding the foregoing, we shall be entitled to seek injunctive relief, security, or other equitable remedies from federal and state courts located in the State of Utah or any other court of competent jurisdiction. Under no circumstances shall the arbitrator be authorized to award punitive damages, including but not limited to federal or state statutes permitting multiple or punitive damage awards. Any purported award of punitive or multiple damages shall be beyond the arbitrator’s authority, void, and unenforceable.
If any part of these Terms and Conditions is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
These Terms and Conditions constitute the entire agreement between the parties relating to the subject matter herein. We may, at our sole discretion and without notice, revise these terms at any time by updating this posting.
For Additional Information
If you have any questions about these Terms and Conditions, please contact us at:
DBA: Acabonac Pet Food
PO Box 7061
Amagansett, NY 11930
Effective Date: April 16, 2020