Terms of Sale

TERMS AND CONDITIONS OF SALE
Finish Line Horse Products, Inc.

Finish Line Horse Products, Inc. (“we,” “us,” or “Seller”), manufactures and sells equine nutritional supplements and related products (the “Products”). These Terms and Conditions of Sale (these “Terms”) govern every sale of Products by Seller to the purchaser named on the applicable order (“Buyer” or “you”).

READ THESE TERMS BEFORE ORDERING. THEY LIMIT THE WARRANTIES SELLER GIVES, LIMIT THE REMEDIES AVAILABLE TO BUYER, AND LIMIT SELLER’S LIABILITY.

1. Acceptance of These Terms

1.1 Incorporation. These Terms are incorporated by reference into every purchase order, order acknowledgment, invoice, packing slip, and online checkout for Products, and are available at https://finishlinehorse.com/terms-of-sale/. Ordering, accepting delivery of, paying for, or using any Product constitutes acceptance of these Terms.

1.2 Seller’s acceptance is conditional. Seller’s acceptance of any order is expressly made conditional on Buyer’s assent to these Terms. Seller rejects any additional or different term contained in any purchase order, requisition, vendor portal, invoice, or other document issued by Buyer, and no such term becomes part of the parties’ agreement unless an authorized officer of Seller agrees to it in a signed writing. Seller’s performance is not acceptance of any such term.

1.3 No authority to vary. No employee, sales representative, dealer, distributor, or agent of Seller has authority to modify these Terms, to make any promise or representation about any Product, or to waive any provision.

2. Satisfaction Guarantee

2.1 The guarantee. Seller offers a 100% money-back guarantee. If Buyer is not completely satisfied with a Product, for any reason, Buyer may notify Seller and choose either replacement of that Product or a refund of the amount Buyer paid for it. The choice between replacement and refund is Buyer’s. To use the guarantee, Buyer should contact Seller at info@finishlinehorse.com. Seller asks that Buyer save the unused portion of the Product and return it to Seller, together with the original sales receipt, so that Seller can analyze it. Proof of purchase is required. Seller will provide return instructions, and Seller will pay return shipping. Seller may modify the return terms at any time, in its sole discretion. Seller may, in its sole discretion, elect to accept photographs of the Product, container, and lot code emailed to Seller in lieu of physical preservation, return, or inspection.

2.2 What this guarantee is not. The Satisfaction Guarantee is a voluntary refund and replacement policy offered as a matter of customer service and based on Buyer’s own satisfaction. It is not a warranty of quality, condition, safety, performance, efficacy, or fitness for any purpose, and it is not a representation or undertaking that any Product will produce any result or will meet any specification. Apart from the Satisfaction Guarantee, Seller gives no warranty of any kind, as Section 3 provides.

3. DISCLAIMER OF WARRANTIES

EXCEPT FOR THE SATISFACTION GUARANTEE IN SECTION 2, THE PRODUCTS ARE SOLD “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND.

TO THE FULLEST EXTENT PERMITTED BY LAW, SELLER DISCLAIMS EVERY WARRANTY, WHETHER EXPRESS, IMPLIED, STATUTORY, OR ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE, INCLUDING WITHOUT LIMITATION:

(a) ANY IMPLIED WARRANTY OF MERCHANTABILITY;

(b) ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, INCLUDING ANY WARRANTY THAT A PRODUCT WILL PRODUCE ANY RACING OR COMPETITIVE RESULT, ANY HEALTH OUTCOME, OR ANY LEVEL OF ATHLETIC PERFORMANCE; AND

(c) ANY WARRANTY THAT ANY PRODUCT IS FREE OF ANY SUBSTANCE THAT COULD CAUSE A POSITIVE TEST, A FINDING OF A PROHIBITED SUBSTANCE, A DISQUALIFICATION, A FORFEITURE OF PURSE OR AWARDS, OR ANY OTHER REGULATORY ACTION OR PENALTY.

NO STATEMENT BY SELLER OR BY ANY EMPLOYEE, DEALER, DISTRIBUTOR, OR AGENT OF SELLER — ORAL OR WRITTEN, AND WHETHER IN ADVERTISING, ON PACKAGING, ON ANY WEBSITE OR SOCIAL MEDIA, OR OTHERWISE — CREATES A WARRANTY OR ENLARGES THE SCOPE OF THIS SECTION, AND BUYER MAY NOT RELY ON ANY SUCH STATEMENT.

Without limiting the foregoing: equine health, condition, athletic performance, and competitive outcomes depend on many factors outside Seller’s knowledge and control — among them genetics, age, conformation, training, conditioning, overall ration, veterinary and farrier care, environment, transport, storage and handling of the Products after delivery, and pre-existing or undiagnosed conditions — as well as on the acts and omissions of Buyer and Buyer’s trainers, grooms, veterinarians, and other agents. Buyer is solely responsible for using each Product according to its label and for determining whether a Product may be used for a given horse, event, or jurisdiction and for observing any applicable withdrawal period.

4. Claims Procedure; SOLE AND EXCLUSIVE REMEDY

4.1 Notice and preservation. As a condition to any remedy, Buyer must notify Seller in writing within thirty (30) days after Buyer discovers or should have discovered the alleged defect or non-conformity, must preserve the Product together with its container and lot code, and must make them available to Seller for inspection and testing.

4.2 EXCEPT FOR THE SATISFACTION GUARANTEE IN SECTION 2, BUYER’S SOLE AND EXCLUSIVE REMEDY AGAINST SELLER FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE FORMULATION, MANUFACTURE, LABELING, SALE, DELIVERY, OR USE OF ANY PRODUCT — WHETHER FOUNDED ON BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, STATUTE, OR ANY OTHER THEORY — IS, AT SELLER’S SOLE OPTION, EITHER:

(a) REPLACEMENT OF THE QUANTITY OF PRODUCT PROVEN DEFECTIVE OR NON-CONFORMING; OR

(b) REFUND OF THE PURCHASE PRICE ACTUALLY PAID FOR THAT QUANTITY.

THE PARTIES EXPRESSLY AGREE THAT THIS REMEDY IS EXCLUSIVE AND IS IN LIEU OF ALL OTHER REMEDIES AT LAW OR IN EQUITY.

4.3 Independence. If the exclusive remedy in Section 4.2 is determined to have failed of its essential purpose, the limitation of liability in Section 5 nonetheless remains in full force and is enforced independently of Section 4.2.

5. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, SELLER, ITS AFFILIATES, AND ITS SUPPLIERS WILL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO ANY PRODUCT OR THESE TERMS, OR TO THE USE OF OR INABILITY TO USE ANY PRODUCT, INCLUDING WITHOUT LIMITATION LOSS OF PURSE OR PRIZE MONEY OR AWARDS; LOST BREEDING OR STUD FEES; DIMINUTION IN THE VALUE OF ANY HORSE; VETERINARY, TRAINING, BOARDING, OR TRANSPORT EXPENSES; LOSS OF USE OF ANY HORSE; LOST PROFITS, REVENUE, OR BUSINESS OPPORTUNITY; COST OF SUBSTITUTE PRODUCTS; REGULATORY FINES, PENALTIES, SUSPENSIONS, OR DISQUALIFICATIONS; OR REPUTATIONAL HARM — WHETHER OR NOT SELLER WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE THEORY OF LIABILITY.

SELLER’S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO ANY PRODUCT OR THESE TERMS — IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, STATUTE, OR OTHERWISE — WILL NOT EXCEED THE AMOUNT ACTUALLY PAID BY BUYER TO SELLER FOR THE QUANTITY OF PRODUCT GIVING RISE TO THE CLAIM.

Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under applicable law, including liability for death or personal injury to a natural person caused by Seller’s negligence, for fraud, or for willful and wanton conduct.

6. Allocation of Risk

Buyer acknowledges that it has had the opportunity to inspect the Products and to consult a licensed veterinarian; that it does not rely on Seller’s skill or judgment in selecting any Product for any horse or purpose; that the Products are used at Buyer’s sole risk; and that the prices charged reflect the allocation of risk in Sections 3, 4, and 5, which the parties agree is commercially reasonable.

7. Competition, Medication and Regulatory Compliance

7.1 Buyer’s responsibility. Rules governing prohibited substances, permitted medications, screening limits, detection thresholds, and withdrawal times vary by jurisdiction and governing body — including the Horseracing Integrity and Safety Authority and the Horseracing Integrity and Welfare Unit, the Fédération Équestre Internationale, the United States Equestrian Federation, state racing commissions, and breed and discipline associations — and they change from time to time. Determining whether a Product may be used for a given horse, event, or jurisdiction, and observing any applicable withdrawal period, is the sole responsibility of Buyer and Buyer’s trainers and veterinarians.

7.2 No warranty against trace substances. SELLER DOES NOT WARRANT THAT ANY PRODUCT IS FREE OF ANY SUBSTANCE THAT COULD CAUSE A POSITIVE TEST, A FINDING OF A PROHIBITED SUBSTANCE, A DISQUALIFICATION, A FORFEITURE OF PURSE OR AWARDS, OR ANY OTHER REGULATORY ACTION OR PENALTY. Buyer assumes all risk of using any Product in a horse that is or may become subject to testing.

7.3 Label and directions. Buyer will use each Product strictly according to its label, feeding directions, and cautions, will not exceed labeled feeding rates, and will not use any Product in any species or manner not identified on the label.

8. Entire Agreement

These Terms, together with Seller’s order acknowledgment and invoice for the applicable order, are the complete and exclusive statement of the parties’ agreement about the Products, and supersede every prior and contemporaneous agreement, understanding, negotiation, representation, warranty, proposal, advertisement, promotional or marketing material, and communication about their subject matter, whether oral or written. Buyer has not relied on any statement, representation, warranty, or promise not set out in these Terms. No course of dealing, course of performance, or usage of trade may supplement, explain, qualify, or vary any provision. These Terms may be amended only by a writing signed by an authorized officer of Seller.

9. ARBITRATION; CLASS ACTION WAIVER

PLEASE READ. THIS SECTION REQUIRES MOST DISPUTES TO BE RESOLVED BY INDIVIDUAL ARBITRATION RATHER THAN IN COURT, AND WAIVES CLASS ACTIONS.

9.1 Agreement to Arbitrate. Except as Section 9.3 provides, any dispute between Buyer and Seller arising out of or relating to these Terms, any order, any Product, or any advertising for any Product (a “Dispute”) will be resolved by final and binding individual arbitration under the Federal Arbitration Act, administered by the American Arbitration Association under its Consumer Arbitration Rules if Buyer purchased primarily for personal, family, or household purposes and otherwise under its Commercial Arbitration Rules, before one arbitrator. Any in-person hearing will be held in DuPage County, Illinois. If Buyer is an individual who purchased primarily for personal, family, or household purposes, Buyer may instead elect to have the hearing held in the county of Buyer’s residence, by telephone, or by videoconference, or to have the Dispute decided on the documents without a hearing.

9.2 CLASS ACTION WAIVER. BUYER AND SELLER MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate the claims of more than one person or preside over any representative proceeding. If a court holds this Section 9.2 unenforceable as to any claim, that claim alone is severed to court under Section 10 and the remainder of Section 9 continues to apply; if this Section 9.2 is held invalid in its entirety, Section 9.1 is void. Section 12.1 does not apply to this Section 9.2.

9.3 Exceptions. Section 9.1 does not apply to an individual action in small claims court, a claim for infringement or misappropriation of intellectual property, an application to a court for provisional or injunctive relief, or any claim that may not be compelled to arbitration as a matter of law.

9.4 Fees. For a consumer Buyer, Seller will pay any AAA filing, administrative, and arbitrator fees that exceed what Buyer would have paid to file the same claim in court. Each party otherwise bears its own attorneys’ fees and costs unless a statute or the arbitrator’s award provides otherwise.

10. Governing Law; Forum; Jury Waiver

These Terms and any Dispute are governed by the laws of the State of Illinois, without regard to its conflict of laws principles and excluding the United Nations Convention on Contracts for the International Sale of Goods. For any matter not subject to arbitration, the parties consent to the exclusive jurisdiction and venue of the state courts sitting in DuPage County, Illinois and the United States District Court for the Northern District of Illinois, and waive any objection based on venue or personal jurisdiction. TO THE FULLEST EXTENT PERMITTED BY LAW, EACH PARTY WAIVES ANY RIGHT TO TRIAL BY JURY.

11. Limitations Period

To the fullest extent permitted by law, any Dispute or other action arising out of or relating to any Product or these Terms must be commenced within one (1) year after the cause of action accrues and is otherwise permanently barred.

12. Miscellaneous

12.1 Severability. If any provision is held invalid or unenforceable, it will be modified to the minimum extent needed to make it enforceable and, failing that, severed, with the remainder unaffected. If any limitation in Section 3, Section 4, or Section 5 is held unenforceable as to a category of claim or claimant, it remains enforceable as to every other category.

12.2 No waiver. Seller’s failure to enforce a provision is not a waiver of it or of any other provision.

12.3 Changes to these Terms. Seller may revise these Terms at any time by posting a revised version at [URL]. The version in effect when Seller accepts an order governs that order.

12.4 Assignment. Buyer may not assign these Terms or any order without Seller’s prior written consent. Seller may assign freely.

12.5 Headings. Headings are for convenience only and do not affect interpretation.

12.6 Notice. Notice to Seller may be given by email to info@finishlinehorse.com or by mail or nationally recognized overnight courier to Finish Line Horse Products, PO Box 1000, Bensenville, Illinois 60106. Telephone 800-762-4242. Email to Seller is effective when sent unless the sender gets a delivery-failure message; mail or courier is effective on delivery. Notice to Buyer may be given by email to the address Buyer provided with the order or by mail to the address on the order, and is effective when sent.