Terms & Conditions – Huntaway

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Terms & Conditions

Terms & Conditions

Welcome to Huntaway Inc.

The Huntaway Inc Website and services are provided by Huntaway Inc (“Huntaway Inc”, “we” “us” or “our”). These terms and conditions (these “Terms and Conditions”) govern your (“you” or “your”) access to and use of the huntaway.pet web site (the “Website”) and all services provided by Huntaway Inc via the Website including without limitation Huntaway Inc dog food product(s) and our auto-delivery service/subscription (collectively, the “Services”).

Huntaway Inc provides an auto-delivery subscription service for ongoing delivery of dog food products for your dog. Access to the Website, use of the Services, and purchase of the Products is subject to these Terms and Conditions and the Huntaway Inc Privacy Policy available on the Website.

By using our Website or subscribing to our Services, you indicate your unequivocal and unconditional acceptance of the following Terms and Conditions. Please read them carefully, as they may have changed since your last visit.

Website Content

You, as a user have a personal, non-transferable, non-exclusive right to access and use the Content of this Website subject to these Terms and Conditions. The term “Content” means all information, video, text, images, data, links, software, or other material, whether copyrighted or otherwise protected by state or federal law, or not, that may be accessible through the Website or Services, whether created by us or provided by another person for display on the Website or through the Services.

The Content may contain inadvertent errors or inaccuracies. We reserve the right to make changes to the Website without obligation to issue any notice of such changes.

You may view, copy, download, and print Content that is available on this website or through the Services, subject to the following conditions:

The Content may be used solely for internal informational purposes. No part of this website or its Content may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording for any other purpose.

The Content may not be modified.

Copyright, trademark, and other proprietary notices may not be removed.

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

Scope of Service

Huntaway Inc, through its members, employees and agents maintains this Website as a service to the Website user community that visits the Website subject to these Terms and Conditions. You as a user, are responsible for paying any fees for the equipment and service you select and for obtaining any equipment and Internet service necessary to access our Website. We may alter, suspend, or discontinue this Website or the Services in whole or in part, at any time and for any reason, or no reason, in our sole, absolute and unfettered discretion, without notice. The Website may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons or no reason.

Account Registration

In order to start your ongoing Huntaway Inc auto-delivery subscription, you must first create an account on our Website. In order to become a registered user, we will ask you to complete a registration form to create a Huntaway Inc account, and provide a user name or email and create a password (“Login Credentials”). During any such registration, you are required to give truthful contact information (such as name and email address) in accordance with these Terms of Service. Certain Services may require additional information, such as credit card information, and we may request optional information about your dog.

As a registered user of Huntaway Inc’s Services, you agree to receive emails from us regarding our Services. We may from time to time send you email messages with information about upcoming events, or information about our product and service offerings. You may opt-out from receiving correspondence from us by emailing hello@huntaway.pet or selecting to unsubscribe as may be provided in the applicable e-mail correspondence.

Product Purchase & Shipping

Customers order Huntaway Inc through the Website. Huntaway Inc is exclusively available through on-going auto-delivery subscriptions. We or a third-party shipping company will ship such products to the address you provide in the course of ordering such products.

Shipping is offered through a variety of services, Uber Delivery, FedEx home delivery, FedEx Standard Overnight, FedEx Priority Overnight, FedEx First Overnight UPS Next Day Air, UPS Next Day Air Saver, or UPS Ground at additional cost to you, within the Continental U.S. only. Because Huntaway Inc may be shipped by a variety of services, you will be careful to supply a deliverable shipping address and Huntaway Inc will not be responsible for any shipments that are not deliverable due to a non-deliverable address.

Prices offered via the Website may change at any time, and we do not provide price protection or refunds in the event of a price reduction or promotional offering.

On-Going Auto-delivery Subscription Delivery

When you choose to purchase a recurring auto-delivery order of Huntaway Inc, you must specify the quantity and shipping interval. Huntaway Inc is available in 20 portion packs, please use the calculator found on the Website to estimate your dog’s required portions per meal. Shipping intervals are to suit you and your dog’s feeding requirements,  Huntaway Inc reserves the right to change sizes and shipping interval options from time to time. Accordingly, Huntaway Inc cannot guarantee that a selection available in a particular timeframe will be available in any subsequent timeframe.

BY SUBSCRIBING YOU AGREE TO PAY THE ONGOING AUTO-DELIVERY SUBSCRIPTION CHARGES FOR THE PRODUCTS THAT ARE SUPPLIED FOR EACH AUTO-DELIVERY.

Billing and Payments

All information that you provide to register with Huntaway Inc including your credit card information is subject to Huntaway Inc’s Privacy Policy. The price of the Services and/or goods is payable in full upon ordering and before shipping. We accept the following credit cards at this time: Visa, MasterCard, American Express, Discover or JCB. You will automatically be charged each month for your ongoing auto-delivery subscription before it is shipped. You will receive a reminder email three days prior to your credit card being charged and your order being shipped.

For your convenience and continuous subscription benefits as a member, if your payment method reaches its expiration date and you do not edit your credit card information or cancel your account, you authorize us to continue billing that credit card on file including extending the expiration date until we are notified by you or the credit card company that the account is no longer valid. We encourage you to constantly update your payment method information or cancel your account should you wish to discontinue your auto-delivery purchase of Products.

We use a third party payment service in lieu of directly processing your credit card information. By submitting your credit card information, you grant Huntaway Inc the right to store and process your information with the third party payment service, which it may change from time to time; you agree that Huntaway Inc will not be responsible for any failures of the third party to adequately protect such information. All financial matters regarding your information are subject to the conditions of the third party payment service provider’s terms of service; the current versions is attached as a link at https://www.shopify.com/legal/terms-payments-us. You acknowledge that we may change the third party payment service and move your information to other service providers that encrypt your information using secure socket layer technology (SSL) or other comparable security technology.

Shipping and Risk of Loss

Unless otherwise indicated at the time of your purchase, shipping dates and/or arrival times are only estimates. For loss/damage claims, you must notify Huntaway Inc within seven (7) days of the date of your delivery if you believe all or part of your order is missing or damaged. Replacement of products and refunds for shipped merchandise claimed as not received are subject to our investigation with our delivery partners. Repeated claims of undelivered merchandise may result in the cancellation of your auto-delivery.

Returns, Replacements and Refunds

If you believe the Huntaway Inc you receive is defective or you are not 100% Satisfied with Huntaway Inc for any reason, get in touch with us within seven (7) days of your receipt of the product and we will promptly provide your choice of a full replacement or full refund. Due to the perishable nature of our product, Huntaway Inc does not accept returns. Please do not ship Huntaway Inc back to the return address on the shipping label.

Huntaway Inc has no obligation to provide refunds or replacements, but may grant them in certain circumstances, as a result of specific refund guarantee promotions, or to correct any errors made by Huntaway Inc, in each case in Huntaway Inc’s sole, absolute and unfettered discretion.

Local Taxes

You may be charged local sales tax, 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.

Auto-delivery Modification and Subscription Cancellations

You may log into your account page on the Website and any time and skip a scheduled shipment, modify the quantity of your on-going subscription, or modify the internal between auto-deliveries. ANY CHANGES SHOULD BE MADE AT LEAST THREE DAYS PRIOR TO YOUR NEXT SCHEDULED AUTO-DELIVERY.

WHILE YOU CAN MAKE MODIFICATIONS TO OUR SERVICE, YOUR ON-GOING AUTO-DELIVERY SUBSCRIPTION WILL CONTINUE UNTIL YOU CANCEL THE SUBSCRIPTION. To cancel, you must cancel via the website, or call us at least three days prior to your next scheduled auto-delivery.

IF YOU DO NOT MODIFY OR CANCEL AT LEAST THREE DAYS PRIOR TO YOUR NEXT SCHEDULED AUTO-DELIVERY WE CANNOT GUARANTEE THAT WE WILL BE ABLE TO MODIFY THE SCHEDULED AUTO-DELIVERY AND YOU WILL BE CHARGED FOR AND RECEIVE THE PREVIOUSLY-SCHEDULED AUTO-DELIVERY.

We may terminate your auto-delivery, without notice, for conduct we believe in our sole, absolute and unfettered discretion violates these Terms and Conditions or our policies, or is harmful to our business interests.

Limitation of Liability

IN NO EVENT SHALL HUNTAWAY INC OR ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE TO ANY USER OF THIS WEBSITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF THE USE, INABILITY TO USE, UNAUTHORIZED ACCESS TO OR USE OR MISUSE OF THE PRODUCTS OR THE WEBSITE OR ANY INFORMATION CONTAINED THEREON, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

YOU AGREE HUNTAWAY INC’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 HUNTAWAY INC IN THE THEN-PRIOR CALENDAR MONTH.

Indemnification

By using this Website, our Services, or supplied Products, you agree to indemnify, hold harmless and defend Huntaway Inc, its Officers, Directors, Members, Employees, Agents and Affiliates from any claims, damages, losses, liabilities, whatsoever and all costs and expenses of defense, including but not limited to, attorneys’ fees, resulting directly or indirectly from a claim by a third party that arises in connection with use of this Website, Services, or Products by you or any other person accessing the Website using your Huntaway Inc login account.

Content Submitted by Users

Accuracy: You may use this Website (but not create an account or purchase our Services) without volunteering personally identifiable information. Please refer to our Privacy Policy for additional information on our practices for handling personally identifiable information. However, if you choose to provide information to register for or participate in a service, event, or promotion on this Website or to use our Services, you agree that you will provide accurate, complete, and up to date information as requested on the screens that collect information from you.

Liability: We are not responsible or liable for the conduct of users or for any views, opinions and statements expressed in Content submitted for public display through our Website. We may not prescreen information posted to online comments; we may act as a passive conduit for such distribution and are not responsible for Content. Any opinions, advice, statements, or other information in Content expressed or made available by users of online comments are those of the respective author(s) or distributor(s) and not of Huntaway Inc. We neither endorse nor guarantee the accuracy, completeness, or usefulness of any such Content. You are responsible for ensuring that Content submitted to this Website is not provided in violation of any copyright, trade secret or other intellectual property rights of another person or entity. You shall be solely liable for any damages resulting from any infringement of copyrights, trade secret, or other intellectual property rights, or any other harm resulting from your uploading, posting or submission of Content to this Website.

Monitoring: We have the right, but not the obligation, to monitor Content submitted to our Website through an online comments, to determine compliance with these Terms and Conditions and any other applicable rules that we may establish. We have the right in our sole absolute and unfettered discretion to edit or remove any material submitted to or posted through this Website. Without limiting the foregoing, we have the right to remove any material that Huntaway Inc, in its sole absolute and unfettered discretion, finds to be in violation of these Terms and Conditions or otherwise objectionable, and you are solely responsible for the Content that you post to this Website.

Lobbying: Federal law restricts lobbying activities by tax-exempt organizations. “Lobbying” includes certain activities intended to influence legislation. Content posted by users does not constitute lobbying by Huntaway Inc, but may constitute lobbying by you or an organization that you represent. You are responsible for complying with any applicable lobbying restrictions.

Prohibited Content

By accessing our Website, you agree to abide by the following Standards of Conduct. You agree that you will not, and will not authorize or aid in or facilitate any attempt by another person to use our Website to:

Transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, lewd, lascivious, or otherwise objectionable, as determined by Huntaway Inc in its sole, absolute and unfettered discretion.

Use a name or language that Huntaway Inc, in its sole, absolute and unfettered discretion, deems offensive.

Post defamatory statements.

Post hateful or racially or ethnically objectionable Content.

Post Content which infringes another’s copyright, trademark or trade secret.

Post unsolicited advertising or unlawfully promote products or services.

Harass, threaten or intentionally embarrass or cause distress to another person or entity.

Impersonate another person.

Promote, solicit, or participate in any multi-level marketing or pyramid schemes.

Exploit children under 18 years of age.

Engage in disruptive activity such as sending multiple messages in an effort to monopolize the forum.

Introduce viruses, worms, Trojan horses and/or harmful code to the Website.

Obtain unauthorized access to any computer system through the Website.

Invade the privacy of any person, including but not limited to posting personally identifying or otherwise private information about a person without their consent (or their parent’s consent in the case of a child under 13 years of age).

Solicit personal information from children under 13 years of age.

Violate any federal, state, local, or international law or regulation.

Encourage conduct that would constitute a criminal or civil offense.

Compliance or non-compliance with the Prohibited Content and the Standards of Conduct shall be determined by Huntaway Inc in its sole, absolute and unfettered discretion and Huntaway Inc reserves the right to refuse or discontinue service or prohibit access to the Website to any user in its sole, absolute and unfettered discretion.

Submitted Content

Huntaway Inc does not claim ownership of or responsibility for any materials you make available through the Website. With respect to any materials you submit or make available for inclusion on the Website, you grant Huntaway Inc a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant Huntaway Inc the license specified above. You further represent, warrant and covenant that any materials you provide will not contain libellous or otherwise unlawful in any manner whatsoever, abusive or obscene. Huntaway Inc will be entitled to use any content submitted by you without incurring obligations of confidentiality, attribution or compensation to you.

Minors

Huntaway Inc 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 Huntaway Inc and/or its affiliates or licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. Product names are trademarks or registered trademarks of their respective owners.

We do not claim ownership of Content submitted by users without compensation by Huntaway Inc and with the expectation that such Content will be made publicly accessible through our Website. By submitting such Content, however, you agree to grant us a world-wide, royalty-free, perpetual, irrevocable, non-exclusive license to use, distribute, reproduce, modify, adapt, create derivative works from, and publicly perform or display such Content. This license shall remain in effect until we delete the Content from our systems.

Copyright Infringement; Notice and Take Down Procedures

If you believe that any materials on this Website infringe your copyright, you may request, in writing, that they be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an authorized representative and must include the following information: (1) identification of the copyrighted work that you claim is being infringed, including a detailed description of the work and a copy or the location of an authorized version of the work; (2) identification of the material that you believe to be infringing and its location, including a detailed description of the material, its website location or other pertinent information that will help us to locate the material; (3) your name, address, telephone number, and email address; (4) a statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law; (5) a statement that the information in your claim is accurate; (6) a statement that “under penalty of perjury,” you declare that you are the lawful copyright owner or are authorized to act on the owner’s behalf; and (7) a copy of the copyright document showing the copyright you feel is being infringed as granted by the United States Patent and Trademark Office. For copyright issues relating to this Website, please contact: Huntaway Inc, 1082 Larch Avenue, Moraga, California 94556.

In an effort to protect the rights of copyright owners, we maintain in our sole, absolute and unfettered discretion a policy for the termination, in appropriate circumstances, of users of this Website who are repeat infringers.

Security

When you register to participate in Huntaway Inc services on this Website, you may be required to establish a login identifier and a password. You are solely responsible for protecting your login and password from unauthorized use, and you are solely responsible for all activity that occurs on your account (including without limitation financial obligations). You agree to notify us immediately if you believe that your login or password has been or may be used without your permission so that appropriate action can be taken. We are not responsible for losses or damage caused by unlawful or inappropriate use of your login and password.

Disclaimer of Warranty

YOU ARE SOLELY RESPONSIBLE FOR DETERMINING IF THE PRODUCTS ARE SUITABLE FOR USE OR CONSUMPTION BY YOUR DOG. WE ARE NOT ABLE TO PROVIDE ANY ASSURANCES REGARDING ALLERGIES. WE HIGHLY RECOMMEND THAT YOU CONSULT WITH YOU DOG’S VETERINARIAN REGARDING THE USE OR CONSUMPTION OF THE PRODUCTS BY YOUR DOG

Under no circumstances will we be liable for any loss or damage caused by your use of the Products or your reliance on information in any Content on this Website. YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY ARISING FROM OR RELATING IN ANY WAY TO ANY PRODUCT SHALL BE ITS REPLACEMENT OR REFUND.

YOU MUST REPORT DEFECTIVE PRODUCTS WITHIN SEVEN (7) DAYS OF DELIVERY.

EXCEPT AS EXPRESSLY PROVIDED HEREIN, ALL PRODUCTS SUPPLIED, AND ALL TEXT, IMAGES, AND OTHER INFORMATION ON OR ACCESSIBLE FROM THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, HUNTAWAY INC DOES NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE ON THIS WEBSITE IS FREE OF ERRORS; (ii) THE PRODUCTS OR SERVICES ARE NOT DEFECTIVE; (iii) THE FUNCTIONS OR PROVIDED BY THIS WEBSITE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS; (iv) DEFECTS WILL BE CORRECTED, OR (v) THIS WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

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 Huntaway Inc, 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 Huntaway Inc 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. Huntaway Inc does not endorse, warrant or guarantee any product or service offered by any third party through an online discussion forum or chat room accessible through this Website and will not be a party to or in any way monitor any transaction involving any third party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you are responsible for exercising appropriate judgment and caution.

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 auto-delivery subscription or access to our Website or Services, in our sole, absolute and unfettered discretion, for any reason or no reason and at any time, with or without prior notice. It is our policy to terminate users who violate these terms and conditions, as deemed appropriate in our sole, absolute and unfettered discretion. You agree that we are not liable to you or any third party for any termination of your access to our Website or Services.

Enforcement

These Terms and Conditions shall be governed and interpreted pursuant to the laws of the State of California, 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 Moraga, California. 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 California. 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 California 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.

Severability

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.

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 us at:

Huntaway Inc 651 N. Broad Street, Suite 206 Middletown, Delaware 19709.

Physical and trading address: 1082 Larch Avenue, Moraga, California 94556.