This Agreement and the terms contained within are subject to change by MPC at any time, in its sole and absolute discretion, and without notice, but any change to these terms will not apply retroactively. You are under a duty to review the terms of this Agreement prior to using the Website. If you do not agree to the terms and conditions contained within this Agreement, you must discontinue your use of the Website immediately. Your continued use of the Website after a replacement, modification, or amendment of the terms of this Agreement will constitute your manifestation of assent to, and agreement with, any replacement, modification, or amendment herein.
- User Eligibility. The Website is open to use to those who are age eighteen (18) or above. By using the Website, you warrant that you are age eighteen (18) or above, are of sound mind, and have the capacity to agree to and uphold the terms and conditions contained within this Agreement. If you use the Website on behalf of a business entity or other third party, you warrant that you express actual authority to act as an agent of that business entity and third party and, as a component of that agency, have the right and ability to agree to the terms of this Agreement on behalf of that third party or business entity. You further warrant that you are not prohibited from entering into this Agreement by the terms of any preexisting agreement.
- Intellectual Property Rights. The Website and its associated trademarks and content are owned and used by MPC, including, but not limited to, the My Pet Chicken ® trademark. Any use of the Website, its associated trademarks, or its content without the prior written approval of MPC is prohibited. The selection, arrangement, and layout of the Website is the sole and exclusive property of MPC, and any unauthorized copying, public display, public performance, distribution, or derivation, whether in whole or in part, is expressly prohibited.
- Acceptable Use Policy. When you use the Website, you agree to use it only for its customary and intended purposes and as permitted by the terms of this Agreement and any applicable law, regulation, statute, or ordinance. Additionally, you agree that you are responsible for any breach of your obligations under the terms of this Agreement and for any losses suffered by MPC for such a breach, including, but not limited to, monetary damages, costs, and attorneys’ fees. You are expressly prohibited from using the Website to violate any law, statute, ordinance, regulation, or treaty, whether local, state, provincial, national or international, or to violate the rights of a third party, including, but not limited to, intellectual property rights, privacy rights, rights of publicity, or other personal or proprietary rights. Additionally, you are expressly prohibited from:
- Attempting to access the Website other than through a standard web browser unless you have been permitted to do so by MPC through a separate, written agreement (this restriction does not apply to search engines that comply with MPC’s robots.txt file);
- Accessing or attempting to access the Website through automated means (this restriction does not apply to search engines that comply with MPC’s robots.txt file);
- Circumventing the technological protection measures of the Website;
- Posting or transmitting content intended to collect personal or personally identifiable information from users of the Website or third parties;
- Disrupting or otherwise interfering with the Website or its associated servers or networks;
- Scraping, reproducing, republishing, selling, reselling, duplicating, or trading the Website or its content;
- Diverting or attempting to divert customers of the Website to another website or service;
- Sending unsolicited or unauthorized communications to users of the Website or third parties;
- Transmitting content to the Website that is false, inaccurate, misleading, tortious, defamatory, vulgar, obscene, libelous, invasive, hateful, or otherwise objectionable;
- Reverse engineering, decompiling, translating, or disassembling the Website or its content; and
- Encouraging or assisting any other party to do anything in violation of the terms of this Agreement.
MPC reserves the right to modify, amend, or terminate the Website or its associated content at any time and without prior notice. MPC also reserves the right to refuse service or access to the Website to any person or business entity at any time and without notice.
- User Provided Content. When using the Website, you grant MPC an irrevocable, perpetual, sublicensable, transferable, non-exclusive, and royalty-free worldwide right and license to use, copy, modify, adapt, publish, transmit, perform, create derivative works from, and display publicly throughout the world and in any medium or form now existing or later created any content that you submit to the Website. You expressly agree that MPC may use this content for any purpose and that the use or republication of this content will be at MPC’s discretion and without compensation or attribution of any kind.
Further, MPC has the right, but not the obligation, to edit, monitor, analyze, append, remove, or refuse any content submitted by you to the Website. MPC takes no responsibility for and assumes no liability for any content that you submit to the Website, and you are solely responsible for any content that you submit to the Website.
- User Accounts. When using the Website, MPC may provide you with the ability to register an account, which may allow you to obtain additional access to the Website, review your order history, and receive updates on your orders (“User Account”). To register for a User Account, you must provide MPC with certain personal information, including your name, email address, and password. You warrant and agree that any information that you provide in association with your registration or use of a User Account will be accurate, current, and complete.
You acknowledge and agree that you control access to your User Account. Your User Account may only be used by you or by third parties with your express written consent. MPC will not be held responsible or liable for any unauthorized access to your User Account, and you are under a continuing duty to promptly provide MPC with notice of any unauthorized or unusual access to your User Account. You are advised to keep the username and password associated with your User Account secure and secret. By creating a User Account and providing your personal information to MPC, you acknowledge and agree that MPC may use your personal information to contact you.
MPC reserves the right to suspend or terminate your User Account at any time and in its sole and absolute discretion, including, but not limited to, for a violation of any term or condition of this Agreement.
- Ordering and Payment. Payment for all orders placed through the Website must be made at the time of ordering. You understand and agree that the prices quoted on the Website are an invitation to deal and that no contract will be formed between you and MPC until MPC accepts your invitation to deal by performance, specifically, by shipping the ordered goods. Pricing errors will not constitute a contract between you and MPC, and MPC strives to quickly correct any pricing errors on the Website when discovered. All costs and fees are quoted and payable in United States Dollars and you acknowledge and agree that MPC is not responsible for any foreign transaction fees or other fees charged to you by your financial institution or by MPC’s payment processor. You agree that you will not initiate any chargebacks to MPC unless otherwise authorized by MPC in writing. You understand and agree that you will be responsible and required to pay for any costs associated with any chargebacks that you have initiated against MPC.
- Product Pricing. Except where noted otherwise, the List Price displayed for products on MPC represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent “open-stock” prices, which means the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set.
- Taxes. You agree that you will pay all taxes assessed by governmental bodies, whether local, state, provincial, national, or international, associated with your use of and/or purchase of goods through the Website. MPC will report as income all payments received from you to MPC to all proper taxing authorities.
- Shipping and Handling. MPC strives to handle and ship your order as fast as possible. In most cases, your order will ship in 1-2 business days except for orders placed during high volume days, such as new product launches, holidays, and discount periods. Seasonal volume extends our fulfillment time to 4-6 business days. High volume days may also extend our turn-around time.
Shipping costs and times vary and are indicated at point of sale. All items purchased from MPC are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
- Returns. MPC accepts returns and offers refunds for some products under some circumstances. Please see our Return Policy for more details. The Terms of our Return Policy are hereby incorporated by reference as if fully set forth herein.
- Third-Party Websites. You acknowledge and agree that the Website may contain links to third-party websites or content that MPC does not own or control. You are advised to review the terms and conditions of any third-party websites or content linked to through the Website, and you agree that MPC will not be responsible for websites not under the ownership or control of MPC.
- Proposition 65 Notice.
- California Proposition 65 Warning to California Residents. MPC provides this Proposition 65 warning to comply with California’s Proposition 65 labeling law. Proposition 65 requires MPC to provide California consumers with notice when products that it sells exceed the “no significant risk” level or where MPC has knowledge that a listed chemical is contained within its products. Due to the number of products that MPC sells, and in an abundance of caution, MPC has chosen to provide this Proposition 65 warning. Products sold through the Website may be below the “no significant risk” level or may not contain a chemical listed by the State of California at all. However, MPC has still chosen to notify consumers to ensure its compliance with California law. Therefore, MPC provides the following notice:
- WARNING: Products sold through the Website may contain chemicals known to the State of California to cause cancer, birth defects, or other reproductive harm. You are instructed to wash your hands after handling any products purchased through the Website and to keep all products away from children. For more information on Proposition 65, please visit: https://www.p65warnings.ca.gov/.
- Term and Termination. The term of this Agreement will begin upon your first accessing of the Website and will continue until the earlier of the following: (i) MPC terminates your access to the Website; or (ii) you cease using the Website and terminate your User Account. MPC reserves the right to terminate the Website or your access to the Website in its sole and absolute discretion and without prior notice.
- Disclaimer of Warranties and Limitation of Liability.
- YOU ACKNOWLEDGE AND AGREE THAT THE WEBSITE IS PROVIDED ON AN “AS-IS” BASIS AND WITHOUT WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, AND NON-INFRINGEMENT. WHEREVER PERMITTED BY LAW, YOU ACKNOWLEDGE THAT MPC WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY CLAIMS, DAMAGES, JUDGMENTS, CHARGES, OR FEES ARISING OUT OF OR RELATED TO YOUR USE OF OR ACCESS TO THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY DAMAGES, CONSEQUENTIAL DAMAGES, SPECIAL DAMAGES, INCIDENTAL DAMAGES, PUNITIVE DAMAGES, EXEMPLARY DAMAGES, COSTS AND ATTORNEYS' FEES, DAMAGES ARISING OUT OF ERRORS OR OMISSIONS, AND DAMAGES ARISING OUT OF THE UNAVAILABILITY OF THE WEBSITE OR DOWNTIME. YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK AND THAT MPC’S LIABILITY IS LIMITED TO THE AMOUNT THAT YOU PAID TO USE THE WEBSITE OR $1000, WHICHEVER IS LESS.
- MPC attempts to be as accurate as possible when offering information about chickens and how to best care for them, both on the Website and in response to specific customer questions. MPC offers this information in a good faith attempt to help site visitors and customers understand how to care for chickens.
HOWEVER, MPC DOES NOT WARRANT THAT ANY INFORMATION PROVIDED ABOUT CHICKENS, INCLUDING BUT NOT LIMITED TO HOW TO CARE FOR CHICKENS, HOW TO TREAT MEDICAL PROBLEMS, CHICKEN BEHAVIOR, BREED IDENTIFICATION, PHOTO CAPTIONS, BREED HISTORY AND OTHER BREED DETAILS, IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. MPC SHALL BE INDEMNIFIED AND HELD HARMLESS AGAINST ALL CLAIMS, DAMAGES, LOSSES, INJURIES OR ILLNESSES ARISING OUT OF SUCH ADVICE AND INFORMATION, INCLUDING THE USE OR MISUSE OF SUCH ADVICE OR INFORMATION.
- PRODUCTS PURCHASED THROUGH THE WEBSITE THAT ARE NOT MANUFACTURED BY MPC MAY BE COVERED BY A MANUFACTURER’S WARRANTY OFFERED BY THE PRODUCT’S MANUFACTURER. FOR THOSE PRODUCTS, MPC DOES NOT OFFER A WARRANTY AND PURCHASERS MUST CONTACT THE PRODUCT’S MANUFACTURER TO CLAIM A WARRANTY. PRODUCTS PURCHASED ON THE WEBSITE MANUFACTURED BY MPC ARE COVERED BY A LIMITED 90-DAY WARRANTY THAT PROTECTS THE ORIGINAL PURCHASER ONLY AGAINST ANY MANUFACTURING DEFECTS OR ISSUES IN WORKMANSHIP AND/OR MATERIALS THAT MAY HAVE BEEN CAUSED DURING PRODUCTION. IN THE EVENT OF A MANUFACTURER’S DEFECT, MPC WILL REPAIR THE PRODUCT OR REPLACE THE ITEM WITH THE SAME OR SIMILAR ITEM AT ITS DISCRETION. THIS WARRANTY DOES NOT COVER NORMAL WEAR AND TEAR OR ACCIDENTS. ONLY ORIGINAL MATERIALS AND WORKMANSHIP ARE COVERED BY THIS WARRANTY.
- MPC EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR ANY DAMAGE, INJURY, HARM, COST, EXPENSE, OR LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF PRODUCTS PURCHASED THROUGH THE WEBSITE. EXCEPT FOR THE LIMITED WARRANTY PROVIDED ABOVE, PRODUCTS PURCHASED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS-IS” BASIS AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PUPOSE, TITLE, ACCURACY, NON-INFRINGEMENT, OR QUALITY. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, YOU ARE ADVISED TO SEEK LEGAL ADVICE TO DETERMINE IF THIS EXCLUSION APPLIES TO YOU.
- MPC WILL NOT BE LIABLE TO YOU UNDER ANY LEGAL THEORY, WHETHER IN WARRANTY, CONTRACT, STRICT LIABILITY, TORT, OR NEGLIGENCE, FOR ANY DAMAGES, CLAIMS, INJURIES, JUDGMENTS, COSTS, OR LIABILITIES OF ANY KIND ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF PRODUCTS PURCHASED THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, DAMAGE TO PROPERTY, LOSS OF BUSINESS, LOSS OF INCOME, SPECIAL DAMAGES, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNATIVE DAMAGES, OR EXEMPLARY DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE.
- Indemnification. You agree to indemnify, defend, and hold harmless MPC, its officers, shareholders, directors, employees, subsidiaries, affiliates, and representatives from any and all losses, including, but not limited to, costs and attorneys’ fees, arising out of or related to (i) your use of the Website, (ii) your purchase of products through the Website; (iii) your use or misuse of products obtained through the Website; (iv) your violation of any term or condition of this Agreement; (v) your violation of the rights of third parties, including, but not limited to, intellectual property rights or other personal or proprietary rights; and (vi) your violation of any law, statute, ordinance, regulation, or treaty, whether local, state, provincial, national, or international. Your obligation to defend MPC will not provide you with the ability to control MPC’s defense, and MPC reserves the right to control its defense, including its choice of counsel and whether to litigate or settle a claim subject to indemnification.
- Choice of Law and Stipulation to Jurisdiction.
- You and MPC agree that any dispute arising out of or related to this Agreement or your use of the Website, including, but not limited to, your purchase of goods through the Website, will be governed by the laws of the State of Georgia, without regard to its conflict of laws rules. Specifically, the validity, interpretation, and performance of this Agreement will not be governed by the United Nations Convention on the International Sale of Goods. Except for claims that may be brought in small claims court, claims of intellectual property infringement, or claims for injunctive relief by either party, you and MPC agree that any dispute or controversy arising out of, in relation to, or in connection with this Agreement, your use of any products purchased through the Website, or your use of the Website including, without limitation, any and all disputes, claims (whether in tort, contract, statutory, or otherwise), or disagreements concerning the existence, breach, interpretation, application, or termination of this Agreement, will be resolved by final and binding arbitration pursuant to the Federal Arbitration Act in Atlanta, Georgia or, at the option of the party seeking relief, by telephone, online, or via written submissions alone, and be administered by the American Arbitration Association (“AAA”) under the then in force Commercial Arbitration Rules by one arbitrator appointed in accordance with such rules. Such arbitration will be independent and impartial. If the parties fail to agree on the arbitrator within twenty (20) calendar days after the initiation of the arbitration hereunder, AAA will appoint the arbitrator.
- This arbitration will be conducted in the English language. The decision of the arbitrator will be final and binding on the parties and judgment on any award(s) rendered by the arbitrator may be entered in any court having jurisdiction thereof. Nothing in this section will prevent either party from seeking immediate injunctive relief from any court of competent jurisdiction, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate. The parties undertake to keep confidential all awards in their arbitration, together with all confidential information, all materials in the proceedings created for the purpose of the arbitration and all other documents produced by the other party in the proceedings and not otherwise in the public domain, save and to the extent that disclosure may be required of a party by legal duty, to protect or pursue a legal right or to enforce or challenge an award in legal proceedings before a court or other judicial authority. The arbitrator shall award all fees and expenses, including reasonable attorney’s fees, to the prevailing party. Any judgment rendered by the arbitrator may be entered in any court of competent jurisdiction.
- ANY DISPUTE RESOLUTION PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE PURCHASE OR USE OF PRODUCTS FROM OR THROUGH THE WEBSITE, WHETHER IN ARBITRATION OR OTHERWISE, SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION, AND YOU AND MPC EXPRESSLY AGREE THAT CLASS ACTION AND REPRESENTATIVE ACTION PROCEDURES SHALL NOT BE ASSERTED IN NOR APPLY TO ANY ARBITRATION PURSUANT TO THESE TERMS.
- Any claims must be brought within one year of each applicable purchase or will otherwise be barred.
- Force Majeure. MPC will not be responsible for any delay or failure in performance of the Website or its associated products arising out of any cause beyond MPC’s control, such as acts of God, war, riots, fire, terrorist attacks, pandemics, power outages, severe weather, or other accidents.
- Survivability. The representations, warranties, duties, and covenants made by you under this Agreement will survive the termination of this Agreement, the Website, or your User Account including, but not limited to, your duty to indemnify and defend MPC.
- Interpretation. This Agreement will be deemed to have been drafted by both parties, and the terms and conditions of this Agreement will not be interpreted against its drafter.
- Assignment. You are expressly prohibited from assigning your rights and duties under this Agreement. MPC reserves the right to assign its rights and duties under this Agreement, including in a sale of MPC or its Website.
- Waiver and Integration. No term or condition of this Agreement or breach of this Agreement will be deemed to have been waived or consented to unless said waiver is writing and signed by the party to be charged. This Agreement is the entire agreement between the parties and supersedes all previous agreements or representations between the parties.