Terms of Service

  

Terms of Service

Welcome to Henny & Roo! The Henny & Roo website and services are provided by Henny & Roo, LLC.  (“Henny & Roo”, “we” “us” or “our”). These terms and conditions (these  “Terms and Conditions”) govern your (“you” or “your”) access to and use  of the HennyandRoo.com web site (the “Website”) and all services provided by Henny & Roo via the Website including without limitation our monthly  product and gift service (collectively, the “Services”). Henny & Roo  provides a subscription service for monthly delivery of poultry-related  products for your chickens or as a gift to other chicken keepers. Access to the  Website, use of the Services, and purchase of the Products is subject to  these Terms and Conditions.

Acceptance of Terms

By  using our Website or subscribing to our Services, you indicate your unconditional acceptance of the following Terms and Conditions. Please  read them carefully, as they may have changed since your last visit. The  most recent version of these Terms and Conditions may be viewed at  hennyandroo.com/terms-of-service. 

Scope of Service

Henny & Roo maintains this Website as a service to the user community that visits  the Website subject to these Terms and Conditions. You are responsible for obtaining any equipment and Internet service necessary to access our  Website and for paying any fees for the equipment and service you  select. We may alter, suspend, or discontinue this Website or the  Services in whole or in part, at any time and for any reason, without  notice. The Website may also periodically become unavailable due to  maintenance or malfunction of computer equipment or for other reasons. 

Website Content

Users have a personal, non-transferable, non-exclusive right to access and  use the Content of this Website subject to these Terms and Conditions.  The term “Content” means all information, text, images, data, links,  software, or other material accessible through the Website or Services, whether created by us or provided by another person for display on the Website or through the Services. The Content may contain  typographical errors, other inadvertent errors or inaccuracies. We  reserve the right to make changes to document names and content,  descriptions or specifications of products or services, or other information without obligation to issue any notice of such changes. You  may view, copy, download, and print Content that is available on this  website or through the Services, subject to the following conditions:  

  • The  Content may be used solely for internal informational purposes. No part  of this website or its Content may be reproduced or transmitted in any  form, by any means, electronic or mechanical, including photocopying and  recording for any other purpose.
  • The Content may not be modified.
  • Copyright, trademark, and other proprietary notices may not be removed.

Nothing contained on this Website should be construed as granting, by  implication, estoppel, or otherwise, any license or right to use this Website or any Content displayed on this Website, through the use of  framing or otherwise, except: (a) as expressly permitted by these terms  of use; or (b) with our prior written permission or the permission of such third party that may own the trademark or copyright of material  displayed on this Website. 

Registration and Membership; Product Sales

In  order to start your ongoing Henny & Roo monthly subscription, you must  register as a member on our Website. To register, you can simply provide a valid email address and password to create your login profile. All information that you provide to Henny & Roo is kept private. Your credit card information is not visible to Henny & Roo. You are responsible for keeping your registration information up to date  through the account page on the Website. As a registered user of  Henny & Roo, you agree to receive emails promoting any special offer(s), including third party offers. We may from time to time send you promotional emails. You may opt-out from receiving these promotions by selecting to  unsubscribe as provided in the applicable e-mail correspondence. 

Monthly Delivery

As  a subscribed Henny & Roo member, each month we will ship you a package with  a different selection of items for your chickens that may consist of a selection from treats, first aid products, coop maintenance items, other poultry-related items and products for humans (“Products”). Each  month of your subscription, the selection of Products may change.  Accordingly, Henny & Roo cannot guarantee that a selection available in a  particular timeframe will be available in any subsequent timeframe. BY SUBSCRIBING YOU AGREE TO PAY THE MONTHLY SUBSCRIPTION FEE FOR THE PRODUCTS THAT ARE SUPPLIED EACH MONTH. 

Billing and Payments

The  price of the Services and/or goods is payable in full before delivery.  We accept all major credit cards and PayPal. You will automatically be charged each month for your ongoing subscription. If you have committed to a subscription period lasting longer than one month (e.g., a six month  plan, a twelve month plan), you will automatically be charged at the end of that subscription period. Further, unless you cancel your subscription or membership prior to the  end of your then-current subscription period, at the end of that  period, your subscription will automatically be renewed for an additional subscription period of the same amount of time. For  your convenience and continuous subscription benefits as a member, if  your payment method reaches its expiration date, you do not edit your credit card information and you have an ongoing subscription, you  authorize us to continue billing that credit card on file including  extending the expiration date until we are notified by you or the credit card company that the account is no longer valid. We encourage you to  constantly update your payment method information or cancel your membership should you wish to discontinue your monthly purchase of  Products. We use a third party payment service (CrateJoy) in lieu of directly processing your credit card information. By submitting your  credit card information, you agree that Henny & Roo will not be responsible for any failures of the third party to adequately protect such information. All financial matters regarding your information are  subject to the conditions of the third party payment service provider's terms of service. 

Shipping and Risk of Loss

Unless otherwise indicated at the time of your purchase, shipping and handling fees are included with your order. Shipping dates and/or arrival times  are only estimates. For loss/damage claims, you must notify Henny & Roo within 30 days of the date of your purchase if you believe all or part of your order is missing or damaged. Replacement of Products and credits to your account for shipped merchandise claimed as not received are subject to our investigation, which may include postal-service  notification. We will adjust your account at our discretion. Repeated claims of undelivered merchandise may result in the cancellation of your  membership. 

Returns 

Henny & Roo does not accept returns of our monthly boxes. 

Local Taxes

You may be charged local sales tax or VAT, if applicable. 

International Access

This  Website may be accessed from countries other than the United States.  This Website and the Services may contain products or references to  products that are only available within the United States and U.S.  territories. Any such references do not imply that such products will be  made available outside the United States. If you access and use this Website outside the United States you are responsible for complying with  your local laws and regulations. 

Membership Cancellations

We  work hard to make your membership satisfying; however, you may cancel  your ongoing membership through the account page on the Website. You  must update your account on the Website by the 15th day of the month of your then-current subscription period. YOUR  SUBSCRIPTION IS CONTINUOUS UNTIL YOU CANCEL AND, IF YOU CANCEL YOUR  SUBSCRIPTION BEFORE THE END OF AN EXISTING SUBSCRIPTION PERIOD, YOU WILL CONTINUE TO RECEIVE ANY REMAINING BOXES IN YOUR SUBSCRIPTION TERM. IF YOU DO NOT CANCEL  YOUR MEMBERSHIP PRIOR TO THE 15TH DAY OF THE LAST MONTH OF YOUR SUBSCRIPTION PERIOD, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR A  NEW SUBSCRIPTION PERIOD OF THE SAME AMOUNT OF TIME. All  cancellation requests received after the 15th day of the calendar month that your subscription ends will apply to the following  Subscription Period. We may terminate your membership, without  notice, for conduct we believe violates these Terms and Conditions or our policies, is harmful our business interests, or for an inactive  account. 

Limitation of Liability

IN NO EVENT SHALL HENNY & ROO, LLC OR ITS OWNERS, EMPLOYEES, OR AFFILIATES BE LIABLE TO ANY USER OF THIS WEBSITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,  LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR  SERVICES) ARISING OUT OF THE USE, INABILITY TO USE, UNAUTHORIZED ACCESS TO OR USE OR MISUSE OF THE PRODUCTS OR THE WEBSITE OR ANY INFORMATION  CONTAINED THEREON, WHETHER BASED UPON WARRANTY, CONTRACT, TORT  (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF HAS BEEN ADVISED OF THE  POSSIBILITY OF SUCH DAMAGES OR LOSSES. YOU AGREE HENNY & ROO'S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS AND CONDITIONS, THE  WEBSITE, THE CONTENT, OR ANY PRODUCT OR SERVICES WHETHER IN CONTRACT,  TORT, OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT YOU PAID TO HENNY & ROO IN  THE THEN-PRIOR CALENDAR MONTH. 

Indemnification

By using  this Website, our Services, or supplied Products, you agree to  indemnify, hold harmless and defend Henny & Roo from any claims, damages,  losses, liabilities, and all costs and expenses of defense, including  but not limited to, attorneys' fees, resulting directly or indirectly from a claim by a third party that arises in connection with use of this  Website, Services, or Products by you or any other person accessing the Website using your member login account. 

Minors

Henny & Roo services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. Individuals under the age of 18 can use this service  only in conjunction with and under the supervision of a parent or legal  guardian. In this case, the adult is the user and is responsible for any and all activities, subscribers and purchasers. 

Intellectual Property Rights

Unless  otherwise noted, all Content contained on this Website is the property  of Henny & Roo and/or its affiliates or licensors, and is protected from  unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property  laws. Product names are trademarks or registered trademarks of their  respective owners. 

Copyright Infringement; Notice and Take Down Procedures

If  you believe that any materials on this Website infringe your copyright,  you may request that they be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an  authorized representative and must include the following information:  (1) identification of the copyrighted work that you believe to be  infringed, including a description of the work and, where possible, a  copy or the location of an authorized version of the work; (2)  identification of the material that you believe to be infringing and its  location, including a description of the material, its Website location  or other pertinent information that will help us to locate the  material; (3) your name, address, telephone number, and email address;  (4) a statement that you have a good faith belief that the complained of  use of the materials is not authorized by the copyright owner, its  agent, or the law; (5) a statement that the information in your claim is accurate; and (6) a statement that “under penalty of perjury,” you  declare that you are the lawful copyright owner or are authorized to act on the owner's behalf. 

Security

When you register to participate in Henny & Roo services on this Website, you may be required to establish a login identifier and a password. You are  responsible for protecting your login and password 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 or password has  been or may be used without your permission so that appropriate action  can be taken. We are not responsible for losses or damage caused by your  failure to safeguard your login and password. 

Disclaimer of Warranty

YOU  ARE SOLELY RESPONSIBLE FOR DETERMINING IF THE PRODUCTS ARE SUITABLE FOR  USE OR CONSUMPTION BY YOUR CHICKEN(S). WE ARE NOT ABLE TO PROVIDE ANY ASSURANCES REGARDING ALLERGIES. Under no circumstances will we be  liable for any loss or damage caused by your use of the Products or your reliance on information in any Content on this Website. EXCEPT AS  EXPRESSLY PROVIDED HEREIN, ALL PRODUCTS SUPPLIED, AND ALL TEXT, IMAGES,  AND OTHER INFORMATION ON OR ACCESSIBLE FROM THIS WEBSITE ARE PROVIDED  “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED,  INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,  FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SPECIFICALLY,  BUT WITHOUT LIMITATION, HENNY & ROO DOES NOT WARRANT THAT: (i) THE  INFORMATION AVAILABLE ON THIS WEBSITE IS FREE OF ERRORS; (ii) THE  PRODUCTS OR SERVICES ARE NOT DEFECTIVE; (iii) THE FUNCTIONS OR SERVICES  (INCLUDING BUT NOT LIMITED TO MECHANISMS FOR THE DOWNLOADING AND  UPLOADING OF CONTENT) PROVIDED BY THIS WEBSITE WILL BE UNINTERRUPTED,  SECURE, OR FREE OF ERRORS; (iv) DEFECTS WILL BE CORRECTED, OR (v) THIS  WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR  OTHER HARMFUL COMPONENTS. 

Exclusions

SOME JURISDICTIONS  DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR  EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.  ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. 

Links to Third-Party Websites

This  Website may contain links to third party Websites that are provided to you as a convenience. Any outside Website accessed from our Website is independent from Henny & Roo, and we have no control over the content of such Websites. We are not responsible for the content of any linked  Website or for any loss or damage incurred in connection with your use such links or dealings with the operators of such third party Websites. 

No Implied Endorsements

In  no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by Henny & Roo of that third party or of any product or service provided by a third party.  Likewise, a link to any third party Website does not imply that we endorse or accept any responsibility for the content or use of such a Website. As with the purchase of a product or service through any medium or in any environment, you are responsible for  exercising appropriate judgment and caution. 

Jurisdictional Issues

We  make no representation that information on this Website, or the  Products or Services we provide, are appropriate or available for use outside the United States. Those who choose to access this Website from outside the United States do so on their own initiative and at their own  risk and are responsible for compliance with applicable local laws. 

Termination

We  may terminate any user's monthly subscription or access to our Website or Services, in our sole discretion, for any reason and at any time, with or without prior notice. It is our policy to terminate users who violate these terms and conditions, as deemed appropriate in our sole discretion. You agree that we are not liable to you or any third party for any termination of your access to our Website or Services. 

Enforcement

These Terms and Conditions shall be governed and interpreted pursuant to the  laws of the State of Illinois, United States of America, notwithstanding  any principles of conflicts of law. All disputes arising out of  or relating to these Terms and Conditions shall be finally resolved by  arbitration conducted in the English language in New York, NY, U.S.A. under the commercial arbitration rules of the American Arbitration  Association. The parties shall appoint as sole arbitrator a retired judge who presided in the State of Illinois. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys' fees incurred in  connection with the arbitration in such an amount as may be determined  by the arbitrator). All decisions of the arbitrator shall be final and  binding on both parties and enforceable in any court of competent  jurisdiction. Notwithstanding the foregoing, we shall be entitled to  seek injunctive relief, security, or other equitable remedies from  federal and state courts located in the State of Illinois or any other  court of competent jurisdiction. Under no circumstances shall the  arbitrator be authorized to award punitive damages, including but not limited to federal or state statutes permitting multiple or punitive  damage awards. Any purported award of punitive or multiple damages shall  be beyond the arbitrator's authority, void, and unenforceable. BY  AGREEING TO THESE TERMS OF SERVICE, YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND YOUR RIGHT TO HAVE A COURT HEAR CLAIM ARISING IN CONNECTION  WITH THIS AGREEMENT, AMONG OTHER WAIVERS OF RIGHTS SET FORTH IN THIS  AGREEMENT. 

Severability

To the extent you are located in  the United States, if any provisions of this Agreement are not  permitted by applicable law or regulation, those provisions shall be of  no force or effect as between you and Henny & Roo. If any part of these Terms and Conditions is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions as between you and Henny & Roo. 

Entire Agreement

These Terms and Conditions constitute the entire agreement between the  parties relating to the subject matter herein. We may, at our sole discretion and without notice, revise these terms at any time by  updating this posting. 

For Additional Information

If you have any questions about these Terms and Conditions, please contact info@hennyandroo.com. Copyright © 2017, Henny & Roo, LLC. All Rights Reserved.