Banjo Bites Terms of Use

Last Updated February 7, 2025

 

These Terms of Use (“Terms”) are a legal agreement between Banjo Bites, LLC. (“Banjo Bites,” “we,” “us,” or “our”) and you as a user of Banjo Bites Products/Services (as hereinafter defined)(“you” or “your”). We make our website https://www.banjobites.com (“Website”) available in order to provide you with information about our company, Products and Services, and also so that you can order our Products. Your use of the Website, any related mobile applications, our owned and operated social media channels, and any products and services we provide in connection therewith, (collectively, the “Services”), as well as your purchase of Banjo Bites products through the Services (“Products”), are subject to these Terms. BY USING THE WEBSITE, SERVICES AND/OR PURCHASING PRODUCTS, YOU AGREE TO AND WILL BE DEEMED TO BE BOUND BY THESE TERMS. If you do not want to be bound by these Terms do not use the Website, Services or Products.

 

THESE TERMS CONTAIN A DISPUTE RESOLUTION PROCEDURE AND AN ARBITRATION AGREEMENT (SECTION 12), INCLUDING A WAIVER OF CLASS, REPRESENTATIVE, AND COLLECTIVE ACTIONS, THAT AFFECT YOUR LEGAL RIGHTS, YOUR ABILITY TO GO TO A COURT FOR DISPUTES, AND THE WAYS IN WHICH YOU CAN BRING DISPUTES AGAINST US.

 

We may occasionally update these Terms. When we do update these Terms, we will also revise the “Last Updated” date at the top of these Terms. If we make changes to these Terms that, in our discretion, we consider significant, in addition to posting the updated Terms on the Website, we may also send emails to our subscribers containing a link to the revised Terms or provide alternative notice of changes to the Terms in our discretion. It is your responsibility to check these Terms for changes prior to use of the Services or purchase of the Products. Your continued use of the Website, Services or Products after we post an update to these Terms indicates your acceptance of the updated Terms.

 

We are based in the United States and we provide the Website, Services, and Products for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States or that the Services or Products are available or appropriate for use outside of the United States. Access to the Website or use of the Services or Products may not be legal by certain persons or in certain countries. Any use of the Website, Products or Services including from outside the United States, is at your own risk and you are responsible for compliance with all applicable local laws, rules and regulations.

 

1. Website terms of use.

1.1 The Website is offered and available to users who are 16 years of age or older and reside in the United States or any of its territories or possessions. By using the Website, you represent and warrant that you meet all of the foregoing eligibility requirements. An eligible individual may order Products or Services on the Website. If you do not meet all of these requirements, you must not access or use the Website to place an order.

 

1.2 You agree to comply with these Terms and all applicable laws, statutes, ordinances, and regulations regarding your use of our Website, Services and your purchase of Products through them. We reserve the right to cancel your order in our sole discretion for any and no reason, including if, in our opinion, you violate these Terms.

 

1.3 When you visit the Website or send SMS text messages, e-mails to us, or online chat with us, you consent to receive communications from us electronically. Additional information regarding your communications with us is available in our Privacy Policy found at (“Privacy Policy”). You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. In addition, by using our Services or Products, you consent to receive SMS text messages sent through an automatic telephone dialing system on the phone number associated with your account. You understand that you are not required to provide this consent to receive SMS text messages as a condition of purchasing any Products from us. You also understand that you may opt out of receiving text messages from us at any time, by contacting www.info@banjobites.com">www.info@banjobites.com or by replying “STOP” to any text messages received from us. Please note that our Privacy Policy contains additional information regarding our use of information provided by you or collected by us in connection with your use of the Website, Services and Products.

 

2. Content and links.

2.1 The text, images, photographs, graphics, logos, illustrations, descriptions, data, and other material provided by us or otherwise through the Services, as well as the selection, assembly, and arrangement thereof, are referred to collectively as the “Content.” We may change, delete, or update any Content at any time, in our sole discretion and without prior notice. The Content is provided for informational purposes only and is not binding on us in any way except as provided in these Terms.

 

2.2 The Banjo Bites name, trademark, service mark and logo and all related names, logos, Product and Service names, designs and slogans (“Marks”), and all Content are protected under copyright, trademark, and other intellectual property laws. You agree that we and/or our licensors exclusively own all worldwide right, title and interest in and to the Marks, Content and Services (including any and all intellectual property rights therein) and you agree not to take any action(s) inconsistent with such ownership interests. We and our licensors reserve all rights in connection with the Marks, Services and Content including, without limitation, the exclusive right to create derivative works. You may view and use the Content only for your personal information and for using the Services, and for no other purpose, including but not limited to, any commercial purpose. You shall not challenge, contest, or otherwise impair our ownership of the Website, Marks, Content and Services or the validity or enforceability of our intellectual property rights therein. Any use of the Content, except as specifically permitted in these Terms or as otherwise expressly permitted in the Content or in a writing signed by us, is strictly prohibited. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website or Services in breach of these Terms, your right to use the Website, and the Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made.

 

2.3 Links to other Internet sites operated by third parties, including Website vendors, do not constitute our sponsorship, endorsement, or approval of the content, policies, or practices of such linked sites. Linked sites are not operated, controlled, or maintained by the Services or by us, and we are not responsible for the availability, content, security, policies, or practices of linked sites, including, without limitation, privacy policies and practices. Links to other sites are provided for your convenience only, and you access them at your own risk.

 

3. Services access.

3.1 We hereby grant you a limited right to access and make personal use of the Services. However you may not download (other than page caching) or modify the Services, or any portion of them, except with our express prior written consent. This access right does not include: any resale or commercial use of the Services, including the Website or its contents; any collection and use of any Product listings, descriptions, or prices; any derivative use of the Services, including the Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. Neither the Services nor any portion of the Services may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any purpose other than the personal, non-commercial use described above, without our express written consent.

 

3.2 You may not frame or utilize framing techniques or use crawlers, spiders or automated data mining or artificial intelligence tools to access the Website or Services, including any Content, trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Services without our express prior written consent. You may not use any meta tags or any other “hidden text” utilizing the Website’s name or any Marks without our express prior written consent. Any unauthorized use terminates the permission granted in Section 3.1. Any violation of these Terms by you may subject you to civil and/or criminal penalties.

 

3.3 You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Website, (i) in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries), (ii) for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise, (iii) to transmit, or procure the sending of, any advertising or promotional material, except as specifically provided for herein or with our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation, (iv) to impersonate or attempt to impersonate us, our employees, another user, or any other person or entity (including, without limitation, by using email addresses or user names associated with any of the foregoing), (v) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm us or users of the Website, or expose them to liability, (vi) in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website, (vii) with any device, software, or routine that interferes with the proper working of the Website, (viii) to introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or harmful, (ix) to attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the servers on which the Website is stored or operated, any server, computer, or database connected to the Website, or any customer data, or (x) in any way that otherwise attempts to interfere with the proper working of the Website.

 

4. Cancellations and returns.

4.1 Following the conclusion of any order, you agree that you will be charged the full applicable price for your order unless you cancel. You must cancel in accordance with the cancellation policy described in section 4.2 below to avoid being charged the full price. We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase. You will not receive your order until payment is successfully processed.

 

4.2 Cancellation and Refund Policy

Orders may be canceled within 24 hours of placement for a full refund, provided they have not yet been processed or shipped. If an order has already been processed or shipped, it is no longer eligible for cancellation. In such cases, please refer to our return policy for further assistance. As Banjo Bites orders are perishable items, orders are not eligible for cancellation once they have entered the preparation stage. If you need to cancel an order, please contact Customer Service with your order number immediately at (314) 518-2357. We will assess the status of the order and determine if cancellation is possible. We will process your request and issue a refund, if applicable, within 10 business days. Approved cancellations will be refunded to the original payment method used at checkout. Please allow 10 business days for the refund to reflect in your account, depending on your payment provider. Banjo Bites, LLC reserves the right to update or modify this cancellation policy at any time without prior notice. For any questions or concerns regarding our policy, please contact us at Customer Service (314) 518-2357].

 

4.3 Return Policy

All dog meals sold by Banjo Bites, LLC are perishable and therefore not eligible for returns or exchanges. If you receive an order that is incorrect, damaged, or spoiled upon delivery, please contact us within 24 hours of receipt to request a resolution. If your order is damaged or spoiled upon arrival, please provide photographic evidence within 24 hours of delivery, and we will assess eligibility for a refund or replacement and offer resolution on a case-by-case basis. Replacements may be offered as an alternative resolution. Approved returns will be refunded to the original payment method used at checkout. Please allow 10 business days for the refund to reflect in your account, depending on your payment provider. Banjo Bites, LLC reserves the right to update or modify this cancellation policy at any time without prior notice. For any questions or concerns regarding our policy, please contact us at Customer Service (314) 518-2357.

 

5. Payment Processor, Pricing, Payments, Products, Orders, Shipments

5.1 Payment Processor. We partner with a third-party payment provider (the "Payment Processor") to handle billing for your subscription. Payment processing is governed by both the Payment Processor’s terms, conditions, and privacy policies as well as our Terms of Use. Currently, we use Wix Payments. as our Payment Processor. You can review Wix Payments Terms of Service at https://www.wix.com/about/terms-of-payments and their Privacy Policy at https://www.wix.com/about/privacy. We are not liable for any errors, omissions, or actions by the Payment Processor. By subscribing, you agree to pay fees through the Payment Processor at the current rates, according to the applicable payment terms. You also authorize us, via the Payment Processor, to charge your selected payment method (your "Payment Method"). It is your responsibility to ensure that payments are made using the correct Payment Method. We retain the right to correct any billing errors or discrepancies, even if the Payment Processor has already processed your payment.

 

5.2 Pricing Changes. Product pricing and our delivery charges, if any, will be as quoted through the Website and Services from time to time, and may not include applicable taxes. We reserve the right to change or adjust pricing for our Products/Services in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise provided in these Terms, any price changes or changes to your subscription plan will take effect following reasonable notice to you.

 

5.3 Payments. If you place an order, you agree to pay us the applicable fees and taxes in U.S. Dollars. Failure to pay these fees and taxes will result in the termination of your subscription. Payment for all Products must be by credit or debit card. We accept payment with American Express, Visa ,Mastercard and Maestro. We reserve the right to change the payment methods we accept at any time. You represent and warrant that all information you provide with regards to a purchase of our Products, including, without limitation, credit/debit card or other payment information, is accurate, current and complete. You represent and warrant that you have the legal right to use the payment method you provide to us or our Payment Processor, including, without limitation, any credit/debit card you provide when completing a transaction.

 

5.4 Order Acceptance, Delivery. Once we receive your order for Products, we will provide you with an order confirmation. Your receipt of an order confirmation, however, does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell; we are simply confirming that we received your order. We reserve the right, in our sole discretion to accept or decline your order, cancel your subscription or order, or limit Product quantities for any or no reason. We will confirm our acceptance of your order by sending a communication that confirms that your order has been processed. If we cancel an order after you have already been billed, then we will refund the billed amount. For most orders, you will be charged on the day prior to your upcoming order delivery/pick up date. In the event of cancellation, we will refund your payment. Title and risk of loss for any purchases of Products pass to you upon our delivery or pickup. We reserve the right to deliver partial orders (at no additional cost to you), and the portion of any order that is partially delivered may be charged at the time of delivery. Orders may be delivered using one of our third party couriers. While deliveries may be scheduled for a specified arrival, any delivery timelines we provide are estimates only and we cannot guarantee delivery by any specific date or time.

 

5.5 All Products available through the Services are for personal use only. You may not resell any of the Products that you purchase or receive from us. If you are interested in purchasing items in bulk, please email info@banjobites.com

 

5.6 All offers of Products as they are displayed via the Services are subject to availability. We reserve the right to modify the items offered via the Services at any time. If a Product is not available for shipping or delivery promptly after you place your order, you will be notified, and you may choose to order a different item that is then-currently available, to wait until the Product is available (provided it will be restocked within a reasonable timeframe) or to cancel your order. We will not be liable if Products are not in stock or otherwise not available. If a Product is listed at an incorrect price or with incorrect information due to typographical error or otherwise, we reserve the right to not process or to cancel any orders placed for such Product.

 

5.7 We may change our Products, in our sole discretion, to reflect changes in relevant laws and regulatory requirements which impact either the pet food market or the natural products markets in the US or other relevant countries, or to implement minor technical adjustments and improvements. As required by applicable law and regulatory requirements, we will advise you if there is likely to be any significant difference in the Products.

 

6. Promotional discount links.

The following terms and conditions, together with the Terms, govern the use of our promotional links that may be redeemed for discounts on Products or other features or benefits related to the Services (“Promotion”):

(a) Promotions: (i) must be used in a lawful manner; (ii) must be used for the intended audience and purpose; (iii) may not be duplicated, sold or transferred in any manner, or made available by you to the general public (whether posted to a public forum, coupon collecting service, or otherwise), unless expressly permitted by us; (iv) may be disabled or have additional conditions applied to them by us at any time for any reason without liability to you; (v) may be used only pursuant to the specific terms that we establish for such Promotion; (vi) are not valid for cash or other credits or points; and (vii) may expire prior to your use.

(b) Promotions cannot be combined.

(c) Promotions may have an expiration date, as indicated at the time of issuance. We may adjust expiration and offer amount at any time in our sole discretion.

(d) Promotions can be redeemed only through the Services toward the purchase of Products available thereon. They cannot be applied to any orders previously placed.

(e) Promotions are non-transferable and may not be returned or redeemed for cash (except as required by law).

(f) To redeem a Promotion you must click the promotional link before purchase. Additional restrictions may apply, as indicated at the time of issuance.

(g) All remaining balances exceeding the value of your Promotion must be paid by another acceptable form of payment.

(h) Delivery of an electronic Promotion to an incorrect or non-existent email address is the sole responsibility of the purchaser. Delivery of a physical Promotion to an incorrect or non-existent shipping address is the sole responsibility of the purchaser. We are not responsible if a Promotion is lost, stolen, destroyed or used without permission. Promotions will not be replaced if lost or stolen.

(i) Sales tax and shipping charges are applicable to any items purchased with a Promotion.

(j) In addition to the conditions set forth in Section 13 we may terminate your eligibility to redeem a Promotion or terminate your account for the Services if you take any of the following actions:

Access multiple offers by the same entity with different e-mail addresses or other information

Use false names, impersonate other people, or otherwise provide false or misleading information about you or the dog(s) to us;

(k) We reserve the right, in our sole discretion, to refuse, modify, cancel or hold for review any Promotion and orders for suspected fraud, for Promotions mistakenly issued in an incorrect denomination, or for other violations of the Promotion or Services policies, in whole or in part for any reason or no reason to the extent permitted by law. If we suspect misuse of a Promotion, the Promotion and the account may be suspended or terminated. We may cancel or rescind any Promotion at any time, in our sole discretion.

 

7. User Contributions.

The Services may contain message boards, personal web pages or profiles, forums, bulletin boards, review sections, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Services.

 

All User Contributions must comply with the Content Standards set out in these Terms.

 

Any User Contribution you post to the Services will be considered non-confidential and non-proprietary and you acknowledge and agree that you have no expectation of privacy with regard to such User Contributions. By providing any User Contribution on the Services, you grant us and our affiliates, and each of our respective licensees, successors, and assigns a perpetual, irrevocable, world-wide, transferable, sub-licensable, royalty-free, and fully-paid (with no further payment or consideration to you) right and license to use, reproduce, modify, perform, display, distribute, create derivative works and otherwise disclose to third parties any such material for any purpose.

 

You represent and warrant that (i) you own or control all rights in and to the User Contributions and have the right to grant the license granted above, and (ii) all of your User Contributions do and will comply with these Terms.

You understand and acknowledge that you are responsible for any User Contributions you post, and you, not Banjo Bites, LLC, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.

 

We comply with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. §512, as amended) (the “DMCA”). If you believe that any Content or the Website infringes your copyright, reach out to info@banjobites.com. In notifying us of any alleged copyright infringement, the DMCA requires that you include the following information: (i) description of the copyrighted work that is the subject of claimed infringement; (ii) description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) contact information for you, including your address, telephone number and/or e-mail address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf. Failure to include all of the above-listed information may result in the delay of the processing of your complaint.

 

8. Monitoring and Enforcement; Termination.

We have the right to (i) remove or refuse to post any User Contributions for any or no reason in our sole discretion, (ii) take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for us, (iii) disclose your identity or other information about you to third parties if we receive a valid legal request or claim that material posted by you violates their rights, including their intellectual property rights or their right to privacy, and (iv) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.

 

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND AGREE TO HOLD HARMLESS US AND OUR AFFILIATES, FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY SUCH PERSONS DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY SUCH PERSONS.

 

We do not review all material before it is posted on the Services, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

 

9. Content Standards.

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not (i) contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable, (ii) promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, (iii) infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person, (iv) violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy. (v) be likely to deceive any person, (vi) promote any illegal activity, or advocate, promote, or assist any unlawful act, (vii) cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person, (viii) impersonate any person, or misrepresent your identity or affiliation with any person or organization, (ix) involve commercial activities or sales (except as specifically provided for herein), such as contests, sweepstakes, and other sales promotions, barter, or advertising, or (x) give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

 

10. Disclaimer and limitation of liability.

10.1 GENERAL DISCLAIMER. WE MAKE NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE PRODUCTS OR THE WEBSITE, CONTENT AND SERVICES, INCLUDING THE AVAILABILITY OF THE WEBSITE OR THE ACCURACY, COMPLETENESS OR TIMELINESS OF ANY CONTENT, INFORMATION, OR MATERIALS AVAILABLE ON OR THROUGH THE WEBSITE. WE ALSO DO NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE SERVICES WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES AND ANY REFERRAL LINKS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, THE PRODUCTS AND THE SERVICES ARE PROVIDED TO USERS “AS IS,” WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, ACCURACY, OR THE AVAILABILITY OR QUALITY OF ANY PRODUCTS AVAILABLE THROUGH THE SERVICES. THE FOREGOING DISCLAIMERS ARE EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF THE SERVICES. Please note that some jurisdictions may not allow the exclusion of certain implied warranties. Solely to the extent that such laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

 

10.2 NO MEDICAL ADVICE. We may suggest a certain type of meal for your pet based on criteria specified by you through your order for the Services. YOU ACKNOWLEDGE THAT OUR RECOMMENDATION FOR A MEAL IS INTENDED AS A GUIDE ONLY. IT IS YOUR RESPONSIBILITY AS A PET OWNER TO MONITOR YOUR PET’S WEIGHT AND CONDITION. IF YOU HAVE ANY CONCERNS ABOUT YOUR PET’S WEIGHT AND CONDITION, PLEASE CONSULT YOUR VETERINARIAN. ANY INFORMATION GIVEN BY ANY BANJO BITES, LLC TEAM MEMBER IS GENERAL AND INFORMATIONAL IN NATURE, AND NOT SPECIFIC TO YOUR PET AND WE ALWAYS RECOMMEND TO SPEAK TO YOUR LOCAL VETERINARIAN WHO KNOWS YOUR PET’S MEDICAL HISTORY AND CAN EXAMINE THEM IN PERSON. NOTHING IN THE WEBSITE OR SERVICES OR COMMUNICATED TO YOU BY US OR ANY OF OUR REPRESENTATIVES IS INTENDED TO BE, NOR SHOULD BE, TAKEN AS MEDICAL OR VETERINARY ADVICE AND WE ARE NOT RESPONSIBLE TO YOU OR ANYONE ELSE FOR ANY LOSS, DAMAGE, LIABILITY, COST OR EXPENSE SUFFERED IN CONNECTION WITH YOUR RELIANCE ON SUCH INFORMATION.

10.3 ALLERGENS. THE PRODUCTS WE SUPPLY MAY CONTAIN ALLERGENS. WE TRY TO IDENTIFY COMMON ALLERGENS CONTAINED IN THE PRODUCTS, BUT IT IS YOUR RESPONSIBILITY TO ENSURE THAT ANY FOOD YOU FEED TO YOUR PET DOES NOT CAUSE AN ADVERSE REACTION AND WE WILL NOT HAVE ANY LIABILITY FOR ANY ALLERGIC REACTION YOUR PET MAY HAVE OR ANY ADVERSE CONSEQUENCES RESULTING FROM AN ALLERGY.

 

10.4 PRODUCT IMAGES AND DESCRIPTIONS. The images and descriptions of our Products are for illustrative purposes only. The packaging of our Products may vary from that shown in images on the Website or otherwise made available through the Services.

 

10.5 LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL WE, OUR SUPPLIERS, OR OUR OR THEIR RESPECTIVE AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOST PROFITS, LOST REVENUE OR LOSS OF BUSINESS, OR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY OUT OF THE SERVICES, ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES, OR THE PRODUCTS OR YOUR PURCHASE OR USE OF PRODUCTS FROM US, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE BANJO BITES, LLC, AND OUR SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, SUPPLIERS, AND OUR AND THEIR RESPECTIVE EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE), IN AGGREGATE EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNT YOU HAVE PAID TO US FOR ANY PRODUCTS OR SERVICES WE PROVIDED IN THE TWELVE (12) MONTHS PRECEDING THE APPLICABLE CLAIM. IF ANY JURISDICTION PROHIBITS THE FOREGOING DISCLAIMERS, LIMITATIONS, AND EXCLUSIONS, IN SUCH JURISDICTIONS, THE FOREGOING DISCLAIMERS, LIMITATIONS, AND EXCLUSIONS SHALL BE LIMITED TO THE MINIMUM EXTENT REQUIRED BY THE JURISDICTION.

 

11. Indemnification.

You agree to defend, indemnify, and hold harmless us, our suppliers and its and their affiliates, directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including, without limitation, reasonable attorneys’ fees and court costs), arising out of or relating to your breach of these Terms, your access to or use of the Website, Content, Products or Services, your negligence or willful misconduct or your violation of any applicable law or third-party right. You are solely responsible for interactions with other users of the Services.

 

12. Dispute Resolution.

12.1 Pre-Dispute Resolution Requirement. Before either party may initiate a legal proceeding against the other, the parties agree to engage in a good-faith effort to resolve any Claim (defined below) at issue, as defined in Section 12.2. The party asserting the Claim must notify the other party of the Claim by sending a written notice, including (i) the asserting party’s full name; (ii) the asserting party’s address, email, and phone number; (iii) a clear description of the Claim; and (iv) a clear description of the specific relief requested, pursuant to the notice provisions in Section 12.2. If requested by the other party, both parties agree to discuss the Claim in person, by telephone, or by video conference, and to attempt in good faith to resolve the Claim.

 

If the parties are unable to resolve a Claim within thirty (30) days after receipt of a written notice pursuant to this provision, then the asserting party may pursue the Claim as otherwise set forth in these Terms. Failure to comply with this pre-dispute resolution requirement shall be grounds for dismissal of the Claim.

 

12.2 Agreement to Arbitrate and Waiver of Class, Representative, and Collective Actions. The parties agree that any and all claims, disputes, or controversies that have arisen or may arise between you and us, including without limitation any and all federal or state claims based in statute, contract, tort, fraud, or any other legal or equitable theory, as well as any dispute concerning the validity, enforceability, or scope of this agreement to arbitrate (“Claim(s)”), shall be resolved exclusively through final, binding, and individual arbitration, and not in a court of law. This agreement shall not, however, require arbitration of (i) individual Claims brought in small claims court so long as the Claim remains in that court and proceeds only on an individual basis, or (ii) requests for injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

 

THERE IS NO JUDGE OR JURY IN ARBITRATION, DISCOVERY IS MORE LIMITED IN ARBITRATION THAN IN COURT, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. THE ARBITRATOR MUST FOLLOW THIS AGREEMENT AND CAN AWARD ON AN INDIVIDUAL BASIS THE SAME RELIEF AS A COURT (INCLUDING ATTORNEYS’ FEES).

 

Individual arbitrations commenced pursuant to this agreement shall be conducted by the American Arbitration Association (“AAA”) before a single arbitrator and shall be administered according to the AAA’s Consumer Arbitration Rules (available at https://www.adr.org/Rules) in effect at the time the arbitration commences. Any arbitration hearings shall be held in St. Louis, Missouri or at another mutually agreed-upon location. In the event of any conflict between the arbitration rules and these Terms, these Terms shall govern. If for any reason the AAA is unavailable, the parties shall meet and confer to select another neutral arbitration provider.

 

Each party is responsible for paying its share of any fees assessed by the arbitration provider and arbitrator. If, however, the value of the total relief sought in arbitration is $10,000 or less, you may ask us to consider advancing payment of your share of fees assessed by the arbitration provider and arbitrator, and we will consider the request in good faith. If the arbitrator determines that any Claim asserted by a party (including without limitation the damages or other relief requested) was frivolous or brought in bad faith, then the other party may seek to recover all attorneys’ fees and costs incurred in connection with the arbitration of that Claim.

 

The parties agree that any arbitration between them shall be conducted only on an individual basis and not as a class, representative, or other collective action. Although the arbitrator can award on an individual basis the same relief as a court (including attorneys’ fees), the arbitrator shall have no authority to award relief to anyone who is not a party to the arbitration. Nothing in this agreement to arbitrate shall prevent either party from participating in a class, representative, or other collective settlement or release of claims.

 

Unless the parties agree otherwise, the arbitrator may not consolidate, coordinate, or otherwise join together more than one individual arbitration under this agreement and may not preside over any such consolidated, coordinated, or joint proceeding. Each party agrees to not attempt to commence or join in any such consolidated, coordinated, or joint proceeding without the express consent of the other party. Notwithstanding anything else in this agreement to arbitrate, either party may ask a court to determine whether the other party has violated this prohibition on consolidated, coordinated, or joint proceedings, and may seek an order to enforce the terms of this prohibition.

You may opt out of this arbitration agreement within thirty (30) days of your first acceptance of the Terms by sending us a written notice, including your (i) full name; (ii) address, email, and phone number; and (iii) a clear statement of your intent to opt out. The notice shall be sent to: info@banjobites.com

 

The Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate. To the extent state law applies, Missouri law (without regard to its choice of law provisions) shall govern. You and we agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to the interpretation or construction of these Terms. Your use of the Services may also be subject to other local, state, national, or international laws.

With the exception of the class, representative, and collective action waiver above, if any part of this agreement to arbitrate is deemed by an arbitrator or court of competent jurisdiction to be invalid or unenforceable, the other parts of this agreement shall still apply. If a court decides that any part of this agreement to arbitrate is invalid or unenforceable because it would prevent the exercise of a non-waivable right to pursue public injunctive relief, then the parties agree that any dispute regarding entitlement to such relief (and only that relief) shall be severed from arbitration and may be litigated in court only after completion of arbitration. All other disputes subject to arbitration under this agreement shall proceed in arbitration pursuant to the terms of this agreement.

 

12.3 WAIVER OF JURY TRIAL. YOU AND BANJO BITES, LLC EACH EXPRESSLY WAIVE YOUR RIGHT TO GO TO COURT, TO A TRIAL BY JURY, AND TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE PROCEEDING WITH RESPECT TO ANY CLAIM SUBJECT TO ARBITRATION. Notwithstanding the parties’ decision to resolve all disputes through arbitration, we may bring an action in a state, provincial or federal court to protect our intellectual property rights. Seeking such relief shall not waive our right to arbitration under these Terms.

 

13. General provisions.

13.1 Termination. If you breach any of these Terms, all rights granted to you by us, including permission to use the Services, will terminate automatically. Additionally, we may suspend, disable, or cancel your access to the Website and/or Services, including any outstanding orders with or without notice, for any or no reason. If we cancel your order for any suspected breach of these Terms by you, you are prohibited from re-ordering for the Service under a different name. All sections which by their nature should survive the termination of these Terms shall continue in full force and effect subsequent to and notwithstanding any termination of your order, the Services or these Terms by us or you, including without limitation the provisions set forth in Sections 8, 9, 10, 11, 12, and 13 of these Terms. Termination will not limit any of our other rights or remedies at law or in equity.

 

13.2 Injunctive Relief. You agree that your breach of these Terms will cause irreparable injury to us for which monetary damages would not be an adequate remedy and we will be entitled to equitable relief in addition to any remedies we may have hereunder or at law without a bond, other security or proof of damages.

 

13.3 Notices. We may give notice to you by means of a general notice on the Website, electronic mail, through your account, or by written communication sent by first class mail or pre-paid post. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email or through your account). You may give notice to us by first class mail or pre-paid post to: Banjo Bites, LLC, 8013 Venetian Drive, Clayton, Missouri 63105, or at any time by sending an email to info@banjobites.com. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email or through your account). If sending by email, please specify the reason for the email in the subject line so it can be forwarded to the proper department.

 

13.3 Miscellaneous. No other act, document, usage or custom will be deemed to modify or amend these Terms. These Terms will inure to the benefit of and will be binding upon each party’s successors and permitted assigns. These Terms and the rights granted hereunder may be assigned by us but may not be assigned by you without our prior express written consent. Any attempt by you to assign these Terms without our written consent shall be null and void. If any provision hereof is or becomes, at any time or for any reason, unenforceable or invalid, then that provision will be deemed severable from these Terms and no other provision hereof will be affected thereby and the remaining provisions will continue with the same effect as if such unenforceable or invalid provisions will not have been inserted herein; to the maximum extent that the ability of either party to obtain substantially the bargained-for performance of the other will not have thereby been impaired. It is expressly understood that in the event either party on any occasion fails to perform any term hereof and the other party does not enforce that term, the failure to enforce on any occasion will not constitute a waiver of any term and will not prevent enforcement on any other occasion. Nothing contained in these Terms will be deemed to designate either party as the agent or representative of the other party or both parties as joint venturers or partners for any purpose. No provisions of these Terms create any third-party beneficiary. Except for any payment obligations hereunder, in the event that either party is prevented from performing, or is unable to perform, any of its obligations under these Terms due to any cause beyond the reasonable control of the party invoking this provision, the affected party’s performance will be extended for the period of delay or inability to perform due to such occurrence. The headings and captions contained herein will not be considered to be part of the Terms but are for convenience only.

 

13.5 California Residents. If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.

 

13.6 Contact Us. If you have any questions regarding these Terms, the Services, or the Products, please contact us at Banjo Bites, LLC, 8013 Venetian Court, Clayton, Missouri 63105 or info@banjobites.com, or by phone at 314-518-2357.