Last Updated: February 18, 2025
This website (our “Site”) is operated by Best Friend Bioscience, Inc., a Delaware corporation (“Best Friend”). Throughout this Site and these “Terms of Service” (“Terms”), unless indicated otherwise, the terms “Best Friend”, “BFB”, “we”, “us” and “our” refer to Best Friend Bioscience, Inc. and our affiliates that may be, or may have been, involved from time to time with our “Service” (defined below). We are based in the United States of America and offer this Site and our “Apps” (defined below), including all “BFB Content” (defined below), “Products and Services” (defined below), blogs and tools available from this Site and our Apps (collectively, our “Service”), to persons at least 18 years old located in the United States of America and its territories and possessions, conditioned on “your” (defined below) unconditional acceptance of our Terms.
Please read these Terms carefully before accessing, visiting or using our Site or Apps or any part of our Service, including before purchasing our Products and Services, enrolling for or using a “Subscription” (defined below), submitting your dog’s photo for “Photo Analysis” (defined below) or reading content accessible through our Site and/or Apps. (collectively, “using our Service”). By using our Service, “you” (defined below) unconditionally agree to be bound by our Terms, including additional conditions, notices, policies and terms referenced herein and/or available by hyperlink as well as our Privacy Policy found at https://labs.bestfriend.bio/public/policy/privacy and represent that you satisfy the requirements for using our Service.
Our Terms are an agreement between you and us that apply to everyone using our Service, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. If you do not agree unconditionally to all of the terms and conditions of our Terms (that is, if you do not agree to this agreement) and satisfy all of the requirements for using our Service, you are not permitted to purchase our Products and Services or to in any way access, visit or use our Service for any purpose. If our Terms are considered to be an offer, acceptance is expressly limited to these Terms.
Any new features or tools which are added to our Site or Apps also will be subject to our Terms. You can review the most current version of our Terms at any time on this page. We reserve the right to update, change or replace any part of our Terms by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. By using our Service after the posting of any changes, you unconditionally accept our Terms as modified by those changes and represent that you satisfy the requirements for using our Service as modified by those changes.
Our Terms include: (1) AN ARBITRATION PROVISION; AND (2) A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST US, which, among other things, provides for mandatory arbitration on an individual basis and restricts remedies available in certain circumstances.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to offer our Service and to sell our Products and Services to you.
You will need a device (for example, a personal computer, laptop or a tablet) with Internet access that can access our Site or a compatible mobile device enabled with our Apps in order to use our Service. You can create an account, provide your pet’s “Reported Information” (defined below), and review and analyze information relating to your pet’s “Genetic Information” (defined below) on our Apps and Site, which will be provided only for informational purposes and for you to discuss with your veterinarian. In addition, it may be possible for you to input records from your pet’s veterinarian and/or other pet service providers (collectively, “Pet Professionals”), which may or may not be used to enhance your experience, to offer you additional services, to conduct research and/or included in “Aggregated Genetic and Reported Information” (defined below) for our commercial and/or non-commercial purposes.
To fully use our Service, you need to create a personalized BFB account and in doing so, you commit to provide accurate and up-to-date information about you and your pet. By signing up for a BFB account, you consent to receive electronic communications from us, which may include account notifications and updates about your purchases. These communications are intended to maintain an up-to-date relationship concerning our Service, and you agree that electronic notifications fulfill all legal communication requirements. Furthermore, unless you opt out of receiving them by following the opt out instructions, you may receive promotional messages such as newsletters and special offers. We reserve the right to deny access to or to terminate BFB accounts at our discretion. Each user is entitled to a single account, and the use of alter egos or disguised identities is strictly prohibited.
The headings used herein are included for convenience only and will not limit or otherwise affect these Terms.
“Aggregated Genetic and Reported Information” means: combined Genetic Information and Reported Information of your pet with pets of other users and/or third parties that has been analyzed or evaluated as a whole, such that no specific pet may be reasonably identified.
“Apps” means: any downloadable applications we make available to you in connection with our Service.
Deoxyribonucleic acid (abbreviated DNA) is the molecule that carries genetic information for the development and functioning of an organism. DNA is made of two linked strands that wind around each other to resemble a twisted ladder — a shape known as a double helix.
“Genetic Information” means: information regarding your pet’s genotype (i.e., collection of genes); epigenetic information that we or our contractors obtain by processing and analyzing samples of your pet’s stool or saliva and information provided by your Pet Professional, including information based on your pet’s blood samples and “Breed Mix Data” (defined below).
“Personal Information” means: name, address and other information that can be used either alone or together with other information to identify you.
“Products and Services” means: our products, software, services, Site, and/or Apps and includes “BFB Content” (defined below), “Kits” (defined below), “Pet Analysis” (defined below), “Personalized Pet Nutrition, Functional Blends/Supplements and Treats” (defined below), “Photo Analysis” (defined below) and Subscription.
“Reported Information” means: information about your pet and images of your pet that you enter into surveys, forms or features or otherwise provide us while using our Service (for example, while signed into your account on our Site or Apps), including any wellness checkup reports and other veterinary information provided by you or your “Pet Professionals”.
Ribonucleic acid (abbreviated RNA) is a nucleic acid present in all living cells that has structural similarities to DNA. Unlike DNA, however, RNA is most often single-stranded.
“Subscription” refers to and includes the plans we offer via our Site and Apps for periodic purchase of certain of our Products and Services, including Personalized Pet Nutrition, Functional Blends/Supplements and Treats and Pet Analysis.
“User Content” means: pictures, descriptions, and information that you upload, post, email, or otherwise transmit via the Service. User Content also includes your responses or reactions to content from us or from other users.
“using our Service” means: you or someone on your behalf accessing, visiting or using our Site or Apps or any part of our Service, including purchasing our Products and Services, enrolling for or using a Subscription, submitting your pet’s photo for Photo Analysis, submitting Samples and/or providing us with Personal Information or information about your pet or reading content accessible through our Site and/or Apps.
“you” and “your” refers to and includes the individual accessing, visiting or using our Site or Apps or any part of our Service as well as minor dependents of such individual, Entity Users and other individuals with whose consent, or on whose behalf, respectively, such individual is using our Service.
By using our Service, you certify that (a) you are 18 years old or older and you have given us your consent to allow any of your minor dependents using our Service to use our Service; (b) you are a legal resident of the United States; (c) you have not previously been suspended or removed from using our Service, or engaged in activities that could lead to suspension or removal; (d) your registration and use of our Service complies with all applicable laws; (e) you are a single BFB account holder; (f) you have the unconditional right to submit to BFB the images, information and Samples that you submit and that are submitted on your behalf by third parties, including Pet Professionals and (g) you have the full authority to agree, and do agree, to these Terms without violating any existing agreements or restrictions. In addition, anyone using our Service on behalf of a company or other type of entity or organization (each, an “Entity User”), represents and warrants: (i) to have the authority to bind such Entity User to our Terms; (ii) also unconditionally agrees to be bound by our Terms on behalf of such Entity User; and (iii) represents that you and the Entity User satisfy the requirements for using our Service. You are not authorized or permitted to use our Service for any illegal or unauthorized purpose nor are you authorized or permitted to violate any laws in your jurisdiction (including but not limited to copyright laws) by using our Service. A breach or violation of any of our Terms will result in an immediate termination of your permission to use our Service. Furthermore, we reserve the right to modify, suspend, or terminate the operation of our Site, Apps or Service at our discretion at any time, with or without reason and with no obligation or liability.
The Personalized Pet Nutrition, Functional Blends/Supplements and Treats, Photo Analysis and Pet Analysis of our Service is intended exclusively for and about pets, not humans. We offer one-time purchases as well as a Subscription and, when you enroll for a Subscription, you acknowledge and authorize recurring charges for the Subscription, unless and until canceled or suspended by you or us in accordance with our Terms. Your Subscription remains active until you cancel it or we discontinue the Subscription in compliance with our Terms. These Terms, including our returns policy, together with additional terms contained in the application form for the Subscription you have completed govern our Subscription and may be revised as outlined in these Terms. You may deactivate your Subscription at any time with the applicable deactivation notice specified below. You will not be charged for deactivation, and we may decline re-subscription requests.
Best Friend is an AI-driven, animal health platform that digitizes, decodes, and deciphers certain aspects of animal biology for analysis of genetics, microbial, mitochondrial, and animal gene expression derived from DNA, RNA, protein or other components derived by collected samples (collectively, “Pet Analysis”), performs “Photo Analysis” (defined below) and is a purveyor of ultra-high-quality and personalized food for pets (“Personalized Pet Nutrition”), supplements and vitamins for pets (collectively with Personalized Pet Nutrition, “Personalized Pet Nutrition, Functional Blends/Supplements and Treats”).
Our “Photo Analysis” involves the analysis of the image of your pet you submit to us. By (you or anyone on your behalf) submitting the image of your pet for Photo Analysis, you transfer ownership of that image as well as the information contained in and derived from the image, including “Photo Data” (defined below). Your pet’s image will be stored and used with Best Friend proprietary technology that uses analytics and Artificial Intelligence to identify the apparent breed mix of your pet (“Breed Mix Data”).
Our Pet Analysis involves the collection and analysis of the DNA from a saliva or stool sample of your pet (“Samples”). If you purchase our Pet Analysis, we provide sample collection kits (“Kits”) for you to collect Samples from your pets and to return them to us for testing (by us or third-party laboratories) and analysis by us. By (you or anyone on your behalf) sending Samples to us, you represent and warrant to us that the Samples are from your pet and are not toxic or otherwise hazardous and you transfer to us ownership of the Samples as well as the information contained in and derived from the Samples, including “Data” (defined below). Sample data will be derived from the Samples (“Sample Data”) and used to produce test data (“Test Data”) that will be stored and used with Reported Information and Best Friend proprietary technology that uses analytics and Artificial Intelligence to generate test results (“Test Results” and together with Sample Data, Test Data, Breed Mix Data and Genetic Information, “Data”). We will not save or return Samples to you.
Using Best Friend proprietary technology, we analyze Test Results, Breed Mix Data and Reported Information to provide you through our Service with our understanding of your pet’s Genetic Information; personalized diet, supplements, and vitamin suggestions for your pet based on our understanding of your pet’s Genetic Information and to offer a Subscription. That said, Test Results, Breed Mix Data and personalized diet, supplements and vitamins suggestions are not intended as medical diagnoses or veterinary advice. Data and related information and suggestions are purely for informational purposes and must not be used as a substitute for professional veterinary consultation. Always consult with your veterinarian before making any decisions based on Data.
We try to generate and furnish accurate and useful Data, but for reasons within and outside our control, Data integrity may be compromised. For example, microbiome testing is prone to errors during sample collection, processing, and analysis stages. Results from microbiome analysis could be influenced by potential inaccuracies in sample collection, sequencing and analysis of a pet's microbiome at the specific moment the sample was collected. Microbiomes also can be affected by different factors such as diet, surroundings and health conditions. Breed Mix Data also is prone to errors and could be influenced by potential poor image quality (including relating to how the photo was taken and/or transmitted and received by us) and analysis of your pet’s image. There may be errors in wellness checkup reports and other information from your Pet Professional. Furthermore, we may not be able to identify errors or anomalies rapidly or ever. Nevertheless, if we detect an error or anomaly in the Data we provide to you, we will notify you and endeavor to take corrective measures.
The field of microbiome testing is evolving and we expect the state of the art of the genetic research and technology that we use will change over time, sometimes rapidly and unpredictably. Were it to improve, you may wish to obtain additional Pet Analysis and additional Data from us in the future to enhance your understanding of your pet’s Genetic Information.
The swabs contained in our Kits have a limited shelf life and we must receive all Samples for testing within 12 months following the date of Kit purchase (the “Sample Expiration Date”). If the Sample Expiration Date of a Kit that you have purchased has passed and you have not mailed your Sample back to us, you may request a replacement Kit that will be sent to you for a nominal re-shipment fee (to cover our shipping and handling costs). We are not obligated to process Samples or otherwise provide Pet Analysis from Samples received by us after the Sample Expiration Date or which have not been properly collected with the use of the Kit. Your sole remedy with respect to a Kit you purchased (and our sole obligation to you) if your Sample that has been properly collected with the use of the Kit is received by us after the Sample Expiration Date is replacement of the Kit for a nominal re-shipment fee. If you are entitled but do not request or do not accept a replacement Kit, and in all other circumstances, we will have no further obligation to provide Pet Analysis to you.
BFB and/or the testing provider will own all Samples delivered to us for Pet Analysis, all images delivered to us for Photo Analysis and all Data (contained in and derived from the Samples and images) without obligation or compensation to you. While you are granted a limited license to view and share the Data related to your pet for personal use, purchasing Products and Services does not confer ownership of any Samples or Data or any other intellectual property generated during or related to the Pet Analysis or Photo Analysis nor does using our Service. By agreeing to these Terms, you also grant BFB and, if other than BFB, also the testing provider, all rights to use, disclose and distribute the Samples and Data for any commercial and non-commercial purpose without obligation or compensation to you. In addition, by consenting to Pet Analysis and/or Photo Analysis for your pet, you agree to share your Reported Information (excluding Personal Information) which we may aggregate with Data relating to your pet and Data and Reported Information relating to pets of other customers and third parties as well as data, images and information we own to create Aggregated Genetic and Reported Information that we may use, disclose and distribute for any purpose, including research, informational, publication and commercial purposes, without obligation or compensation to you.
All offers of Products and Services as they are displayed via the Service are subject to availability. We reserve the right to modify the items offered via the Service at any time. If Products and Services are not available for shipping promptly after you place your order, or upon the next delivery date under your Subscription, you will be notified, and you may choose to order a different item that is then-currently available, to wait until the Products and Services are available (if it will be available again in a timely manner) or to cancel your order. We will not be liable if Products and Services are not in stock or otherwise not available. If Products and Services are 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 Products and Services. Please note, although subject to change, typically we will endeavor to send the second shipment of a Subscription approximately two weeks after we send the first shipment (so that you will have a small cushion) and the third and subsequent shipment in approximately four-week intervals after the initial shipment, unless you and we agree otherwise.
We may change our Products and Services, 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. Pursuant to applicable law and regulatory requirements, we will advise you if there is likely to be any significant difference in the Products and Services.
You are responsible for assessing the suitability of our Products and Services for your pet, and for disclosing to us any health concerns, including allergies. While veterinary professionals are part of the team, BFB does not offer veterinary advice, does not guarantee results and disclaims liability for adverse results or reactions and for errors and inaccuracies. For Subscription customers, meal plans are tailored based on provided information; however, you are advised to monitor your pet’s responses and request modifications when necessary. Portion sizes are recommended based on feeding solely BFB Personalized Pet Nutrition, Functional Blends/Supplements and Treats as a complete diet. Pet owners are encouraged to consult their veterinarians.
All Products and Services available through the Service are for personal use (for your pet) only. You may not resell or use for commercial purposes any of the Products and Services that you purchase or receive from us. If you are a wholesaler or retailer interested in purchasing items in bulk, please email: [email protected] .
(a) Pricing. The prices of Products and Services and delivery charges, if applicable, will be as indicated on the Service from time to time, and may not include applicable “Taxes” (defined below). State or local sales taxes, use taxes, privilege taxes, or similar transaction-based taxes ("Taxes") may be applicable in connection with the purchase of Products and Services and you are responsible for paying those Taxes. We reserve the right to change our Subscription and to modify the prices of our Products and Services in any manner and at any time, in our sole and absolute discretion. Except as otherwise provided in these Terms, any price changes or changes to your Subscription will take effect following reasonable notice to you. If you have not canceled your Subscription within the specified time after receiving notice of a price change, your Subscription will auto-renew at the price indicated in your notice. You acknowledge that the amount you are billed you might be revised due to promotional incentives, alterations to your Subscription, or changes in relevant Taxes or additional charges, and by using our Service, you authorize us or our third-party payment processor to charge your payment method accordingly.
Your telecommunications carrier’s rates and charges will apply to your using our Services and you (not us) will be responsible for any charges you incur as well as to ensure that you are not in violation of your agreement with your telecommunications.
BFB retains the right to levy service charges at its discretion, including for accommodating order changes post the change cutoff, delivering orders beyond the standard service area, or fulfilling non-standard product variations.
Occasionally, promotions such as trials or special offers may be available for certain Products and Services. Specific terms and conditions related to these promotions will be outlined in the marketing materials or during registration. In the event of any discrepancies, the terms of the promotion will take precedence. We retain the right to modify or discontinue promotions and special offers, including ongoing trials, at our discretion and without prior notice.
Current promotion details:
As a token of gratitude for your patronage, we award loyalty points that have no cash value, are valid only for the customer to whom they have been awarded and only for the customer’s pet for whom the Personalized Pet Nutrition was purchased, are not transferable and expire eighteen (18) months after issuance. Although non-monetary, loyalty points are valuable because they are redeemable for Personalized Pet Nutrition. Our loyalty program currently works as follows: for each four weeks of Personalized Pet Nutrition purchased by a customer, we award one (1) loyalty point to that customer. After a customer has been awarded a total of twelve (12) loyalty points during twelve (12) consecutive months and has uploaded to our Site the annual wellness checkup report (that was performed during those twelve months, includes blood test results and will be treated as Reported Information) of the customer’s pet for whom the Personalized Pet Nutrition was purchased, we will automatically apply the twelve (12) most recently awarded unexpired loyalty points to the purchase price of customer’s next purchase of four weeks of Personalized Pet Nutrition, so that the customer will pay only shipping and handling for that four week of Personalized Pet Nutrition. BFB retains the right to cancel or modify our loyalty program in our discretion.
(b) Payments. You agree to pay us for our Products and Services, including the applicable charges, fees and taxes, in U.S. Dollars. Failure to pay these amounts will result in the termination of your Subscription or cancellation of any other order. Payment for all Products and Services must be by credit or debit card. We accept payment with American Express, Visa and Mastercard. We reserve the right to change the payment methods we accept at any time. It is very important that you maintain accurate payment details for seamless Subscription transactions. If your payment information changes, your card provider might furnish us with the updated data to ensure uninterrupted Service delivery. We may use these revised details for subsequent charges, to be able to continue providing your Subscription. You acknowledge and agree that all information you provide with regard to a purchase of our Products and Services, including, without limitation, credit 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 card you provide when completing a transaction and authorize us or our third-party payment processor to debit your payment method for the total sum due on your Subscription or for any other purchase, encompassing all relevant taxes and charges.
The initial charge for a Subscription typically occurs upon completion of the checkout process. Subsequent charges or modifications to upcoming recurring orders usually take place approximately 7 days before the scheduled shipment date. While this is the general timeline, variations in timing may occur based on individual circumstances. If you want to make changes to a second recurring order, you must submit the changes within 7 days before your upcoming order is scheduled to be shipped. This timely submission ensures that modifications take effect for the following week's order, guaranteeing that your preferences are accurately reflected in your deliveries. Please note that modifying a recipe and/or quantity in your account may alter the price of the recurring order.
After the initial Subscription period, your Subscription will automatically renew for the specified period indicated in your receipt summary. You may pause or cancel your Subscription by accessing your account at: https://store.bestfriend.bio/apps/subscriptions.
(c) Credit Card Authorization. You may see credit card authorization holds when you (i) add or update your method of payment, (ii) purchase a paid, recurring Subscription, or (iii) if offered, sign up for a free trial Subscription. Authorization holds, pre-authorization holds, and pending charges are common anti-fraud practices that do not represent actual charges. The amount and duration of the hold varies depending on your credit card company’s policies, but generally speaking, this activity appears as a $1 (USD) charge that is released once your credit card is validated. Should the payment method fail verification, prove invalid, or otherwise be deemed unacceptable, your order may be put on hold or canceled. However, should we proceed with the shipment, you are responsible for ensuring timely payment.
Any payment-related issues must be resolved to ensure the progression of your order. In cases where you wish to amend or update the payment details linked to your account, you can do so at your convenience by logging into your account. Please contact your credit card company with any questions regarding the validity of your credit card.
(d) Order Acceptance; Shipment. (i) When we receive your one-time (as opposed to Subscription) order for Products and Services, 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.
(ii) We reserve the right, in our sole discretion, to accept or decline your order, cancel your Subscription or order, or limit Product and Services quantities for any or no reason. If we cancel an order or a Subscription after you have already been billed, we will refund the billed amount. For most one-time orders, you will be charged at the time your order is placed. In the event of cancellation, we will refund your payment.
(iii) Title and risk of loss for any purchases of Products and Services pass to you upon our delivery to our carrier. We reserve the right to ship partial orders (at no additional cost to you), and the portion of any order that is partially shipped may be charged at the time of shipment. All orders are shipped using one of our third-party couriers. Online tracking may be available at our courier’s website (for example, FedEx), though we make no warranties regarding its availability because it is not under our control. While deliveries may be scheduled for a specified arrival, we cannot guarantee delivery by any specific date or time. If you are not present at the delivery location when your package arrives, the carrier will leave it in a suitable and customary place. While we recommend providing specific delivery instructions in your account profile, we cannot guarantee that these instructions will always be followed. If someone other than you accepts delivery, they are deemed authorized to do so. Should you designate an alternate receiver, they will be subject to the same terms and conditions as if you had accepted the delivery personally. If our carrier has difficulty delivering a package due to incorrect instructions or an inability to leave the package securely, additional delivery fees may be charged. Upon receipt of Products and Services, you thoroughly inspect them for any damage or discrepancies.
By accessing or using our Service, you agree we may include your pet’s information in the Aggregated Genetic Information and Reported Information that may be disclosed to third-party non-profit and/or commercial research partners, and/or other non-profit or commercial third parties and published in peer-reviewed scientific journals and/or other publications or otherwise disclosed, published or sold, without obligation or compensation to you. Our research and analysis may be conducted on our behalf or in collaboration with us or sponsored by non-profit foundations, academic institutions, pharmaceutical companies or other non-profit or commercial third parties. We may use your pet’s Data, Genetic Information and/or Reported Information, in all cases excluding information that could identify you or your pet, in our research, analysis or for informational, educational and aggregated with Data, Genetic Information and/or Reported Information of other customers and/or non-profit or commercial third parties as well as data, information and images we own, for commercial purposes, without obligation or compensation to you. No information in our Service is designed to diagnose, prevent, or treat any condition, disease or state of health and we suggest you speak with a veterinarian regarding the meaning of your pet’s Genetic Information or any questions that arise from your using our Service. We do not endorse, warranty or guarantee the effectiveness of any specific course of action, resources, tests, veterinarians, drugs, biologics, medical devices or other products, procedures, opinions, or other information that may be mentioned in our Service.
Contacting your Pet Professionals. By providing us with your Pet Professional’s information, you consent to us contacting your Pet Professional with information about your pet’s results and to our use your Personal Information to identify your pet to your Pet Professional, unless you withhold your consent by deselecting the appropriate option when establishing your account.
Unless explicitly stated otherwise, all content, including the BFB logo, Data, designs, text, graphics, information and user-generated content (collectively, “BFB Content”), in or accessible through our Service are Best Friend proprietary assets protected under U.S. law. Subject to these Terms and any other applicable agreement between you and us, we grant you a limited, personal, nonexclusive, non-transferable, non-sublicensable, restricted, revocable license to use our Service and to install and use the Apps on a compatible mobile device, for your personal, non-commercial purposes, in each case solely in the manner enabled by us. This license grant is not a sale of any portion or aspect of our Service or a sale of a copy of any portion or aspect of our Service, and we and our partners and suppliers retain all rights and interest in and to our Service. You agree not to: (i) commercialize or transfer the Service, in whole or part; (ii) disseminate, publicly perform, or display the Service, in whole or part; (iii) create derivative works of the Service, in whole or in part; (iv) employ data mining, robots, or similar extraction methods; (v) download any portion of the Service, excluding permitted caching; (vi) utilize the Service, in whole or part, beyond its designated scope; or (v) reverse engineer or in any way try to determine or decipher the recipe or composition of our Personalized Pet Nutrition, Functional Blends/Supplements and Treats or break down to elemental components any aspect of our Service, without our express written permission. Any unauthorized use of the Service, in whole or part, or attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in these Terms, is ab initio void. We reserve all rights not expressly granted under these Terms as well as the right to refuse Service to anyone for any reason at any time. Furthermore, your license to use our Service will automatically terminate if you violate our Terms and, depending upon the nature of your violation of our Terms, you may be liable to us, including for damages. Unless expressly stated, these Terms do not confer rights or licenses pertaining to any patents, trademarks, copyrights, or other proprietary assets of the Site, Apps or Service or any third party. This license remains subject to revocation at any time without notice.
If the Service incorporates software components supplied by a third party, governed by distinct license terms, the regulations therein will govern those software components.
BFB places great importance on adherence to copyright laws and has a policy to address copyright infringement related to our Service that is intended to ensure prompt removal of any infringing content and appropriate action against repeat offenders who violate intellectual property rights, particularly copyrights. If you suspect that a user of our Service is unlawfully infringing on copyrighted material and wish to report such infringement for necessary action, please provide the following information in a written notification to our designated Copyright Agent in accordance with 17 U.S.C. § 512(c):
Your physical or electronic signature.
Identification of the copyrighted work(s) being infringed.
Clear identification of the infringing material in our Service that requires removal.
Sufficient details to help us locate the infringing material.
Your contact information, including address, telephone number, and email address.
A statement affirming your good faith belief that the use of the material is unauthorized by the copyright owner.
A statement asserting the accuracy of the information provided and confirming your authority to act on behalf of the copyright owner.
Any misrepresentation of facts in the written notification under 17 U.S.C. § 512(f) may result in liability for damages, costs, and attorney’s fees incurred by BFB in response to the allegation of copyright infringement.
Our designated Copyright Agent is:
DMCA Agent
Best Friend Bioscience, Inc.
Email: [email protected]
The trademarks associated with BFB, including the BFB logo and any Products and Services names displayed on our Service, are the exclusive property of BFB and are protected under trademark laws. Unauthorized copying, imitation, or use of these trademarks, in whole or in part, without our prior written consent is strictly prohibited.
You are not permitted to use metatags or hidden text that include BFB or any other trademark associated with BFB without our explicit written authorization. The overall visual and design elements of our Service, such as page headers, graphics, icons, and scripts, are considered the trade dress of BFB and are protected from duplication, imitation, or use without our prior written consent. Any other trademarks, registered trademarks, product names, or company names mentioned on our Service belong to their respective owners and must not be copied, imitated or utilized without the permission of the relevant trademark holder.
You may create, post, share, or store content and this content may include recipes, reviews, photos, videos, music, text, graphics, and other materials (collectively referred to as "User Content"). By sharing User Content on the Site or Apps or third-party platforms, you acknowledge that this content will be visible to others. You are solely responsible for your User Content and your interactions with the interactive elements of the Site or Apps. While we do not assume responsibility for User Content, we retain the right to remove, screen, or modify any User Content on the Site or Apps at our discretion. You are encouraged to maintain backup copies of your content. You are accountable for your User Content, and we disclaim any control over such content, disavowing any liability associated with it.
We are not involved with interactions between users and any disputes must be resolved directly between the parties involved. We do not claim ownership of User Content, but by uploading content, you grant us a nonexclusive, royalty-free license to use, modify, and distribute the content for commercial and non-commercial purposes. Additionally, you may submit Feedback, which becomes our property upon submission. We reserve the right to utilize Feedback for commercial or non-commercial purposes without obligation or compensation to the submitter.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
We are not responsible if information or material, including Data, made available on our Site or Apps or in our Service is not accurate, complete or current. The information and material, including Data, on our Site and Apps and in our Service is provided for general information only and must not be relied upon or used as the basis for making decisions without consulting primary, more accurate or authoritative, more complete or more timely sources of information and, as appropriate, professionals or other subject matter experts. Any reliance on the information or material, including Data, on our Site or Apps or in our Service is at your own risk.
Our Service may contain certain historical information which, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of our Site and Apps and the Service at any time, but we have no obligation to update any such information. You agree that it is your responsibility to monitor changes to our Site, Apps and Service.
Certain of our Products and Services may be available exclusively online through the Site or Apps. These Products and Services may have limited quantities and are subject to return or exchange only according to our Refund Policy in Section 8.
The images and descriptions of our Products and Services are for illustrative purposes only. We have made every effort to display as accurately as possible the colors and images of our Products and Services, but we do not warrant that the Products and Services descriptions or depictions are accurate, reliable, current, or complete, especially in the case of allergen information. For example, cross-contamination risks cannot be entirely eliminated between products containing allergens such as milk, wheat, egg, soy, fish, shellfish, peanuts, and tree nuts. It underscores the importance of exercising caution and due diligence when navigating allergen-related concerns. Moreover, variations in product availability, preparation methods, and equipment constraints can lead to discrepancies between the displayed information and the actual products received. Factors like regional availability and supply chain dynamics further contribute to these variations, highlighting the dynamic nature of the consumer goods industry. The packaging of our Products and Services may vary from that shown on the Site or otherwise made available through the Service. Please keep in mind the potential for discrepancies and variations.
We reserve the right to limit or otherwise restrict the quantities of and/or discontinue any Products and Services that we offer. All descriptions of Products and Services or Products and Services pricing are subject to change at any time without notice, in our sole discretion. Any offer for any Products and Services made on our Site or Apps is void where prohibited.
We do not warrant that the quality of any Products and Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in our Site or Apps or the Service will be corrected.
We reserve the right to refuse any submission or order for Products and Services you make or place with us. We may, in our sole discretion and on a case-by-case basis, limit or cancel quantities purchased per person, household, order, geographic region or jurisdiction. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
As indicated on our Site on in our App or agreed by you and us: (i) some or our Service may be available only by Subscription to paid subscribers; (ii) certain of our Products and Services will be available only for purchase and (iii) we may charge fees to access or use of our Service. In order to use some functionality of our Service, you will be required to register, provide and keep current truthful contact information (such as name and email address) and may be asked to complete a registration form and create a username and password (‘Login Credentials’). You are responsible to protect your Login Credentials from unauthorized use, and you are 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 Credentials have been or may be used without your permission so that appropriate action can be taken. We are not responsible for losses or damage that have not been caused solely and directly by us, including losses or damage caused by your failure to safeguard your Login Credentials or otherwise by you. All information that you provide through our Service is subject to our Privacy Policy: https://labs.bestfriend.bio/public/policy/privacy, as may be in effect from time to time.
Billing and Payment Policy. By using our Service, you agree that we or our third-party payment service may charge your selected payment method for all Service you purchase or subscribe to (including Products and Services) and for all additional amounts (including any charges, Taxes and late fees, as applicable) that may be accrued by or in connection with your Service account. All payments must be made in United States Dollars, unless otherwise indicated by us at the point of sale.
All information that you provide to register with us, including your credit card information or payment account information, will be subject to our Privacy Policy. We may use a third-party payment service to bill you through an online account for your Subscription payment or purchase of Service (including Products and Services) in lieu of directly processing your credit card information. By submitting your payment account information, you grant us the right to store and process your information with the third-party payment service, which may change from time to time; you agree that we will not be responsible for any failures of the third party to adequately protect such information. The processing of payments will be subject to the terms, conditions and privacy policies of such third-party payment service in addition to these 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.
You agree to provide current, complete and accurate purchase and account information for all purchases using our Service, including all purchases of Products and Services. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
Return/Refund Policy. You may return an unused Kit you purchased (provided it is in good and unused condition) for a refund, if such return is made within fourteen (14) days from the date of purchase (the “Kit Return Period”). We do not offer store credit for returns. After the Kit Return Period, you will not be eligible for a refund and will be entitled only to receive the Service provided by the Kit, subject to our “Failed Sample Policy” (described below). You will not be eligible for any compensation with respect to a Kit that was provided to you without charge. In the event that the benefits of our Personalized Pet Nutrition, Functional Blends/Supplements and Treats are not evident within fourteen (14) days of receiving the initial order, customers can reach out to [email protected] within the same timeframe to request a refund or explore alternative solutions. If you have received a refund, for example, with respect to Personalized Pet Nutrition, Functional Blends/Supplements and Treats or a returned Kit, we may decline subsequent orders from you.
For more information, please refer to our store policy here https://store.bestfriend.bio/policies/refund-policy
Failed Sample Policy. If our initial processing of your Sample that has been properly collected using the Kit we provided fails for any reason and there is adequate Sample for reprocessing, we will reprocess from the same Sample at no charge to you. If the second attempt to process from the same Sample fails, we will contact you at the email address you originally provided when completing your order to offer to send you a new Kit at no charge. If you reject our offer of a new Kit within fourteen (14) days of receiving our offer, you will be entitled solely and exclusively to a refund of the amount, if any, you paid to us to test that Sample, less shipping and handling and will be disqualified from submitting another Sample for the same pet through a future purchase of our Service. If you accept to receive another Kit and our attempts to process the second Sample that has been properly collected using the Kit we provided are unsuccessful, we will not send you additional Kits, and you will be entitled solely and exclusively to a refund of the amount, if any, paid to us, less shipping and handling, and you will be disqualified from submitting another Sample for the same pet through a future purchase of our Service. If, in breach of this Failed Sample Policy, you submit another Sample for the same pet through a future purchase of our Service, and processing is not successful, we will not offer to reprocess the Sample or provide you a refund.
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We will have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of the optional tools offered through our Service is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
In the future, we also may offer new Service and/or features through our Site or Apps (including the release of new tools and resources). Such new features and/or Service also will be subject to these Terms.
Certain content, Products and Services available via our Service may include materials from third parties. Third-party links on our Site or Apps or otherwise through our Service may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
If, at our request, you (or someone on your behalf) send certain specific submissions (for example, Reported Information, User Content or contest entries) or without a request from us, you (or someone on your behalf) send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you (or someone on your behalf) forward to us. We are and shall be under no obligation to react to any Comments, including (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms. You agree that your Comments: (a) will not incite criminal behavior and will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right; (b) will not contain misleading, harmful, harassing, threatening, libelous, unlawful, abusive or obscene, pornographic or otherwise objectionable material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website; (c) will not include unsolicited promotions, advertising, or personal information of others without consent; and (d) that, according to BFB's discretion, will not be deemed objectionable or restrict other users from enjoying any part of the Service or pose harm or liability. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Comments. You are solely responsible for any Comments you make (or that are made on your behalf) and their accuracy. We take no responsibility and assume no liability for any Comments posted by you (or on your behalf) or any third-party. BFB cannot always control or monitor all shared content and user-generated materials may not always reflect BFB’s official stance or values.
Your submission of personal information by using our Service or otherwise through our Site or Apps is governed by our Privacy Policy, which can be viewed here: https://labs.bestfriend.bio/public/policy/privacy
Our Privacy Policy describes our collection, disclosure and use of data and information in connection with our Service and, as it may be updated by us from time to time in accordance with its terms, is hereby incorporated into these Terms. You may not use the Service if you do not agree to the Privacy Policy. By accessing, ordering or using our Service (including our Products and Services), you unconditionally agree to our Privacy Policy, including its collection, use and disclosure practices. Also, you can acknowledge and agree to the Privacy Policy by clicking to accept or agree to the Privacy Policy, where this option is made available to you by us for any Service.
Unless required by law or regulation, we will never release to any third-party information identifying you combined with your pet’s individual-level Genetic Information and/or Reported Information without having asked for and received your explicit consent to do so.
By accessing or using our Service (yourself or by a third party on your behalf) and providing your contact information to us (or other entities collecting the information on our behalf), you consent to receive emails, push notifications and communications from us regarding our Service as further described in the Privacy Policy, which describes your choices regarding our electronic communications practices. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including written communications. You may opt-out from receiving our newsletter by selecting to unsubscribe as may be provided in the applicable email or text correspondence.
We are not licensed by all state, federal, or international authorities for genetic testing, including epigenetics, conducted for veterinary-related purposes and will not provide Service for which we are required to be licensed in a jurisdiction, unless we have the required license(s). Be aware that State law requires licensing for the sale of nutrition.
Occasionally there may be information on our Site or Apps or in the Service that contains typographical errors, inaccuracies or omissions, including that may relate to Products and Services descriptions, pricing, promotions, offers, Products and Services shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website or Apps is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service, Site or on any related website and Apps, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website or Apps, should be taken to indicate that all information in the Service or on any related website and Apps has been modified or updated.
In addition to other prohibitions as set forth in the Terms, you are prohibited from using our Service (including our Site, Apps, BFB Content, their content and our Products and Services): (a) for any unlawful purpose or to solicit others to perform or participate in any unlawful acts; (b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) to attempt to access another user's account without explicit authorization from both the user and BFB; (d) to infringe upon or violate our intellectual or other property rights or the intellectual or other property rights of others; (e) to harass, threaten, stalk, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit any worms or viruses or any other type of destructive or malicious code that will or may in any way affect the functionality or operation of the Service or of any related website, Apps, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, scrape or the like; (j) for any obscene or immoral purpose; (k) in a manner that impedes, disrupts, or harms the experience of other users, or compromise their functionality; or (l) to interfere with or circumvent the security features of the Service or any related website, Apps, other websites, or the Internet. We reserve the right to terminate your access to and use of the Service or any related website and Apps for violating any of the prohibited uses. Furthermore, you are prohibited from: (i) reverse engineering any part of the Site, Apps or Service or bypassing measures in place to protect access to content; (ii) avoiding any content-filtering techniques employed by BFB; (iii) developing third-party applications that interact with User Content or the Site, Apps or Service without our explicit prior written consent; (iv) using unauthorized automated tools or interfaces to access the Site, Apps or Service or interfere with its functionality and (v) submitting to us Samples which are not from your pet or which are toxic or otherwise hazardous. Finally, you must also: (x) comply with the instructions outlined in the robots.txt file that regulates automated access to the Site, Apps and Service; and (y) ensure that your use of the Site, Apps and Service is lawful and does not violate any of the Terms established by BFB.
We do not guarantee, represent or warrant that (i) your access to or use of our Service will be uninterrupted, timely, secure or error-free; or (ii) the results that may be obtained from your access to or use of our Service (including from Data, Pet Analysis, Photo Analysis and suggestions) will be accurate, reliable or useful. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice, suggestion or other content available through our Services. You agree that your access to and use of, or inability to access and use, the Service is at your sole risk.
THE SERVICE (INCLUDING ALL PRODUCTS AND SERVICES), ALL CONTENT AND INFORMATION ON OR ACCESSIBLE FROM OUR SERVICE (INCLUDING DATA, PET ANALYSIS AND PHOTO ANALYSIS), AND ALL MERCHANDISE, INCLUDING PERSONALIZED PET NUTRITION, FUNCTIONAL BLENDS/SUPPLEMENTS AND TREATS (EXCEPT AS INDICATED OTHERWISE ON THE LABEL), ARE PROVIDED ‘AS IS’ WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, WE DO NOT WARRANT THAT: (i) THE CONTENT AND INFORMATION (INCLUDING DATA, PET ANALYSIS AND PHOTO ANALYSIS) AVAILABLE THROUGH OUR SERVICE IS FREE OF ERRORS; (ii) THE FUNCTIONS OR SERVICES (INCLUDING, WITHOUT LIMITATION, MECHANISMS FOR DOWNLOADING AND TRANSMITTING CONTENT AND INFORMATION) PROVIDED BY OUR SERVICE WILL BE UNINTERRUPTED, SECURE OR FREE OF ERRORS; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THAT OUR SERVERS OR THE SERVER(S) THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
In no case shall Best Friend, our directors, officers, employees, affiliates, parents, shareholders, agents, contractors, interns, suppliers, service providers, licensors, successors or assigns be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your access to or use of our Service or any products or services procured using the Service (including Products and Services), or for any other claim related in any way to your using our Service or any Products and Services, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of access to or use of any Products and Services or any content, Data, Pet Analysis or Photo Analysis posted, transmitted, or otherwise made available via the Service, even if advised of their possibility (collectively, “Our Liability”). Because some States or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such States or jurisdictions, Our Liability shall be limited to the maximum extent permitted by law. IN NO EVENT SHALL ANY CLAIM, ACTION OR PROCEEDING BY YOU OR US BE INSTITUTED MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE. If you are dissatisfied with any portion of the Service (including any Products and Services) or with any statement in these Terms, your sole remedy is to stop using the Service and, if you are using any of our Subscription services, cancel your Subscription or if you have purchased any of our Products and Services follow our Return Policy, if applicable.
WE AND OUR AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.
By using our Service, you agree: OUR AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR YOUR USING OUR SERVICE SHALL NOT EXCEED THE GREATER OF (I) $100.00 OR (II) THE AGGREGATE AMOUNT YOU HAVE PAID TO US FOR PRODUCTS AND SERVICES, IF ANY, IN THE THEN-PRIOR THREE (3) MONTH PERIOD.
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 BUT SHALL INSTEAD APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
NO MEDICAL ADVICE. We may suggest a certain type of meal plan for your pet based on criteria specified by you through your account for the Service and Data. YOU ACKNOWLEDGE THAT OUR SUGGESTED MEAL PLAN IS INTENDED AS A GUIDE ONLY. IT IS YOUR RESPONSIBILITY AS A PET OWNER TO MONITOR YOUR PET’S WEIGHT AND CONDITION, AND TO LET US KNOW ANY CHANGES IN EITHER WEIGHT OR CONDITION AS THESE MAY IMPACT THE SUGGESTED MEAL PLAN. IF YOU HAVE ANY CONCERNS ABOUT YOUR PET’S WEIGHT AND CONDITION, PLEASE CONSULT YOUR VETERINARIAN. ANY INFORMATION GIVEN BY BEST FRIEND OR ANY BEST FRIEND TEAM MEMBER IS GENERAL IN NATURE, AND NOT SPECIFIC TO YOUR PET AND WE ALWAYS RECOMMEND YOU SPEAK TO YOUR VETERINARIAN WHO KNOWS YOUR PET’S MEDICAL HISTORY AND CAN EXAMINE YOUR PET IN PERSON. NOTHING IN THE SERVICE 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 OR USE OF OUR PERSONALIZED PET NUTRITION, FUNCTIONAL BLENDS/SUPPLEMENTS AND TREATS.
ALLERGENS. OUR PERSONALIZED PET NUTRITION, FUNCTIONAL BLENDS/SUPPLEMENTS AND TREATS MAY CONTAIN ALLERGENS. WE USE REASONABLE EFFORTS TO IDENTIFY COMMON ALLERGENS CONTAINED IN THE PERSONALIZED PET NUTRITION, FUNCTIONAL BLENDS/SUPPLEMENTS AND TREATS, BUT IT IS YOUR RESPONSIBILITY TO ENSURE THAT ANY PERSONALIZED PET NUTRITION, FUNCTIONAL BLENDS/SUPPLEMENTS AND TREATS YOU FEED TO YOUR PET DOES NOT CAUSE AN ADVERSE REACTION. WE WILL NOT HAVE ANY LIABILITY FOR ANY ALLERGIC REACTION YOUR PET MAY HAVE OR ANY ADVERSE CONSEQUENCES RESULTING FROM AN ALLERGY.
Except as provided for in these Terms, by using our Service, you, on behalf of your heirs and representatives, agree to release, waive, and discharge BFB and our directors, officers, employees, affiliates, parents, shareholders, agents, contractors, interns, suppliers, service providers, licensors, successors or assigns from any claims arising from or related to our Terms. California residents specifically waive the rights granted under California Civil Code 1542.
You agree to indemnify, defend and hold harmless Best Friend and our directors, officers, employees, affiliates, parents, shareholders, agents, contractors, interns, suppliers, service providers, licensors, successors or assigns harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach as well as the breach by a third-party acting on your behalf of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, the unenforceable portion shall be deemed to be modified to the extent necessary to be enforceable or severed from these Terms and such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of you and us incurred prior to the “Termination Date” (defined below) shall survive the termination of the Terms (that is, the termination of our agreement) for all purposes. These Terms are effective unless and until terminated by either you or us (the date the Service is terminated being the “Termination Date”). You may terminate these Terms at any time by notifying us that you have stopped using our Service, or by ceasing to use our Site, Apps and Service. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of our Terms, we also may terminate your access to and right to use our Service at any time without notice and you will remain liable for all amounts due up to and including the Termination Date; and/or accordingly may deny you access to our Service (or any part thereof).
Our failure to exercise or enforce any right or provision of our Terms shall not constitute a waiver of such right or provision. Our Terms and any policies or operating rules posted by us on our Site or Apps or in respect to our Service constitutes the entire agreement and understanding between you and us and governs your accessing and using our Site and Apps and your using our Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms). Any ambiguities in the interpretation of our Terms shall not be construed against the drafting party. Any transfer or assignment of rights under these Terms requires our prior written consent. No waiver of Terms will be considered valid unless expressly stated, and these Terms are designed to benefit only the parties involved without creating third-party beneficiary rights.
These Terms and any separate agreements whereby we provide you our Service shall be governed by and construed in accordance with the laws of the State of Delaware, USA, without applying its conflicts of laws principles.
You can review the most current version of the Terms at any time at this page.
Please review Overview above for more information concerning changes to terms.
We make no claims that our Service, including our Site, Apps or any of their content or our Products and Services are accessible or appropriate outside of the United States. Access to our Service may not be legal by certain persons or in certain countries. Those who choose to access our Service 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. By accessing or using our Service, you consent to having any Content you provide, your Login Credentials and any personal information that you provide as part of the account creation process transferred to and processed in the United States subject to the restrictions on such data as provided in our Privacy Policy posted through our Site or Apps from time to time.
Binding Arbitration. You agree that any dispute or claim arising in any way from you using the Service, except for disputes relating to the infringement of our intellectual property rights or the access or use of the Service in violation of these Terms, will be resolved by binding arbitration, rather than in court, but you may assert claims in small claims court if your claims qualify.
Arbitrator and Rules. The arbitration will be conducted before a neutral single arbitrator, whose decision will be final and binding, and the arbitral proceedings shall be governed by the AAA Commercial Arbitration Rules, Consumer Due Process Protocol, and Supplementary Procedures for Resolution of Consumer Related Disputes. These rules can be found on the AAA website at www.adr.org. There will be no judge or jury, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms of these Terms as a court would. The arbitration will be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions.
Starting an Arbitration. To start an arbitration proceeding, you must send us a notice of dispute, in writing, including your name, address and contact information, the facts of the dispute and relief requested. You must send your notice of legal dispute to us at the following address: [email protected]. We will send any notice of dispute to you at the contact information we have for you.
Enforcement. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The United Nations Conventions on Contracts for the International Sale of Goods shall have no applicability.
Invalidity. If a court of competent jurisdiction finds the foregoing arbitration provisions invalid or inapplicable, you and we each agree to the exclusive jurisdiction of the federal and state courts located in Wilmington, Newcastle County, Delaware, and you and we each agree to submit to the exercise of personal jurisdiction of such courts for the purposes of litigating any applicable dispute or claim.
Opting Out of Binding Arbitration and Legal Venue. Should you wish to opt out of binding arbitration within thirty (30) days of accepting the Terms outlined in Section 23, please send an email to [email protected]. Your opt-out notification must include your full name and a clear statement expressing your decision to opt out of binding arbitration. By choosing to opt out, you agree to handle any disputes in accordance with Section 24 of our terms and conditions.
The terms governing your use of our Site, Apps and Service as well as your interactions with and using our Service, are subject to the laws of the State of Delaware. Regardless of any conflict of law principles, any disputes that are not eligible for arbitration or small claims court resolution will be addressed in the state or federal courts of Delaware, specifically in New Castle County.
To the fullest extent permitted by applicable law, you and we each agree that any dispute resolution proceeding will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, you and we each waive any right to a jury trial. As a result, PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS.
Questions about the Terms should be sent to us at:
Best Friend Bioscience, Inc.
1887 Main Street, Suite 204.
Washougal, WA 98671
Telephone: 1-360-230-8606
Email: [email protected]
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.
We are committed to comply with the Americans with Disabilities Act (ADA) and relevant U.S. regulations and strive to make our Site and Service accessible to all visitors, but realize not every area of our Site may be always accessible and usable for those using assistive technologies and devices. Our ADA compliance efforts to improve our Site’s accessibility features are ongoing. This ADA Compliance Statement (or "Statement") provides our current ADA status and will be updated as our compliance efforts continue.