Terms of Service

Last Updated: May 18, 2020

Scope and Updates

Welcome to Spiced Hen. The following terms, as updated from time to time (collectively, the “Terms”) govern your access to and use of all or part of www.spicedhen.com, and any other authorized websites, mobile applications, in-store kiosks or other online services, tools or programs where these Terms appear (collectively, the “Services”). The Services are provided by Spiced Hen. By visiting or using the Services, you expressly agree to these Terms. We may change or modify these Terms from time to time and will post the updated Terms with a “Last Updated” effective date of the revision. Any changes or modifications will be effective immediately upon posting of the changes or modifications, and you waive any right you may have to receive specific notice of such changes or modifications, and to the extent permitted by law you waive any right you may have to receive specific notice of such changes or modifications. Your continued access to, use of and/or participation in the Services after these Terms have been changed or modified (see Last Updated date above) signifies your acceptance of any updated Terms. As a result, you should frequently review these Terms to understand the terms and conditions that apply to your access to, use of and/or participation in the Services. If you do not agree to the changed or modified Terms, do not use the Services.

Use of the Services

YOU MUST BE AT LEAST 13 YEARS OF AGE TO ACCESS AND USE THE SERVICES. Some Services may require that you must be 18 or older to use the Service. The Services are not targeted toward, nor are they intended to be used by, anyone under the age of 13. If you are between the ages of 13 and 18, you may only use the Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms.

The Services are made available to provide information about Spiced Hen in the United, and to provide certain marketing and other programs and services offered by Spiced Hen (“Programs”). Information made available through the Services may apply only to participating Spiced Hen operating in the United States.

You may not use the Services for any purpose that: (a) is prohibited by the Terms; (b) violates any applicable law; (c) causes damage on or through the Services; (d) infringes upon the rights of any third party; (e) is defamatory, libelous, abusive, obscene, pornographic, lewd, indecent, suggestive, harassing, threatening, inflammatory, fraudulent or otherwise objectionable; (f) results in the commercial resale of Spiced Hen items without the prior written consent of Spiced Hen; or (g) actually affects or interrupts or attempts to affect or interrupt operation of the Services.

Some of the Programs and Services are made through the use of third-party suppliers and service providers (“Suppliers”). In addition to other Suppliers, the Services are supported by services provided by Google. By using the Services, you agree to comply with all terms and notices as Google may provide, including without limitation the Google Maps / Google Earth Additional Terms of Service (including the Google Privacy Policy.)

You agree to defend, indemnify and hold Spiced Hen and Suppliers and each of their respective employees, officers, directors and insurers, harmless from and against any actual or threatened demands of any kind or nature arising out of or in connection with your violation of the these Terms.

There are no fees charged by Spiced Hen to use the Services, but there may be data usage or other like fees owed to your mobile carrier resulting from such use, for which you are responsible, and you are responsible for payment of any items purchased through the Services. Spiced Hen may discontinue or change specifications on products described and/or displayed through the Services from time to time without prior notice. Spiced Hen reserves the right to suspend, block or terminate your access to all or any portion of the Services and/or participation in any Program without notice and in its sole discretion (including without limitation for actual or suspected fraud, unauthorized use of any Program, member card or account or failure to comply with these Terms). Spiced Hen also reserves the right to seek all other remedies available at law and in equity.

Privacy

Please review the Privacy Policy carefully to understand how Spiced Hen collects, uses and shares information, including personally identifiable information, from its users. By accessing or using the Services, you consent to all actions that we take with respect to your data that is consistent with our Privacy Policy.

Online Ordering

Spiced Hen may make available to you the ability to order online. These Terms apply only to orders placed through the Services. Minimum order amounts may apply. Any applicable delivery fees, taxes and other amounts due in connection with your order will be identified when you place your order. There may be limits on the dollar values and number of orders that may be placed through the Services. You are responsible for payment of your order by means of a payment option made available through the Services at the time of ordering. We use third party providers and may accept various third party services to process payments. Spiced Hen is responsible for fulfilling your order and for any questions or other communications regarding your order. Discounts, coupons and other offers may not be able to be combined with online ordering. The Services may allow you to customize your order. Portion size references (extra, light, etc.) are for convenience only and do not indicate nutrient content information of any kind.

Third Party Content, Products and Services (including Advertising and Promotions)

Spiced Hen may provide third party content on the Services (including embedded content) and links to web pages and content of third parties, including Spiced Hen branded, and co-branded content and/or web pages (collectively, “Third Party Content”). We may also make our Services available to you through your use of services of third parties, such as Google, Facebook and Instagram. When you visit other sites via Third Party Content, or utilize the services of third parties, the terms and policies of the third party sites/services govern such third party site/services, including without limitation use of any of your account information that you choose to make available to such third party. It is your responsibility to determine when you are accessing Third Party Content or services. We do not control, endorse or adopt any Third Party Content or service, including the advertisements or promotions of any third party, and the inclusion of any link to and/or reference to Third Party Content or availability of Third Party service in connection with use of any Spiced Hen Service does not imply Spiced Hen’s endorsement, affiliation or adoption of the Third Party Content or service, and Spiced Hen makes no guarantee as to its accuracy, completeness, reliability or suitability for your purposes. You agree to comply with all applicable laws, regulations and terms applicable to your use of any such third party services (for example, if you use Google voice assist services, you agree to comply with its Terms of Service. You acknowledge and agree that Spiced Hen is not responsible or liable in any manner for Third Party Content or services. See the For More Information section below.

Location-Based Services

If you enable location-based services on your computer or other device in connection with your use of the Services, you expressly consent to Spiced Hen and/or its Suppliers collecting the geolocation (which may include specific longitude and latitude) of your device. This information will be used as set forth in our Privacy Policy, including to identify your local bakery-café, to provide personalized messaging or content and/or for marketing purposes by email, push notifications, online or in-app advertising or otherwise. Please see our Privacy Policy for further information and for details on how to opt-out of location collection.

Feedback and Submissions

Submission of any remarks, suggestions, material, information, ideas or other communications (each a “submission”) to the Services, including those provided in connection with a Program or on a public-facing forum made available through the Services, will be maintained by Spiced Hen, and at Spiced Hen’s discretion shall be deemed to transfer to Spiced Hen all present and future ownership and intellectual property rights in such submission. All submissions by you are voluntary. Spiced Hen has no obligation to treat a submission as confidential or to compensate you in any manner for the submission. You agree that Spiced Hen has the right, but not the obligation, to display and use your name, likeness and other personal information submitted by you in connection with a submission. If any court determines that Spiced Hen does not retain exclusive ownership of any submission, then Spiced Hen retains a royalty free, exclusive, perpetual, sublicensable (through multiple tiers) right and license to use, reproduce, cache, modify, display, publicly perform, transmit, adapt, publish, translate, create derivative works from and distribute the submission throughout the universe in any medium and through any methods of distribution, transmission and display whether now known or hereafter devised. Please also review our Privacy Policy and applicable Program terms regarding use of your feedback and submissions.

Our Intellectual Property

SPICED HEN, the design logo, are registered trademarks of Spiced Hen. All other Spiced Hen trademarks, service marks, logos, domain names, trade or company names, or indicia of origin referred to on the Services are the property of Spiced Hen or its affiliates or its licensors. In countries where any of Spiced Hen’s trademarks, service marks, logos, domain names, trade or company names, or indicia of origin are not registered, Spiced Hen claims other rights associated with unregistered trademarks, service marks, logos, domain names, company names, or indicia of origin. Other product or company names referred to on the Services may be the trademarks of their respective owners. You may not use any trademarks, service marks, logos, domain names, company names, or indicia of origin of Spiced Hen or any third party without permission from the owner of the applicable trademarks, service marks, logos, domain names, company names, or indicia of origin. Your use of the Services does not create, and nothing contained in the Services shall be construed as creating or conferring to you, by implication, estoppel, or otherwise, a license or any other rights in any intellectual property rights of Spiced Hen. Non-Spiced Hen-owned content may not be used without permission.

Unless otherwise indicated, the Services and all content therein including without limitation articles, text, photographs, images, illustrations, graphics, designs, information, video and audio material, and software, including the selection and arrangement thereof, are Spiced Hen’s or its licensor’s proprietary property and are protected by copyright laws. You are granted a limited, non-sublicensable license to access and use the Services, and all material therein, for personal, informational and consumer transactional purposes only, including the dissemination of content to the extent specifically allowed through any provided third party functionality made available through the Services that allow you to post content from the Services to your personal social media account(s). This limited license does not include the resale, commercial use, distribution, public display or performance of the Services or any materials therein, nor does it permit the modification or the making of derivative uses of the Services of any materials therein, or the use of any data mining, spiders, robots or similar data gathering or extraction methods thereon.

Material from the Services may not be copied, distributed, republished, downloaded, uploaded or transmitted in any way without the prior written consent of Spiced Hen EXCEPT that you may download one copy of the material onto one computer for your personal, non-commercial home use only, provided you do not delete or alter any copyright, trademark or other proprietary notices. Unless otherwise set forth in a written agreement between you and Spiced Hen, you are granted a limited, non-exclusive right to create text hyperlinks to the Services for noncommercial purposes, provided such links do not portray Spiced Hen in a false, misleading, derogatory or otherwise defamatory manner and provided that the linking site does not contain obscene, pornographic, sexually explicit, illegal or otherwise objectionable material or damage or dilute the goodwill associated with trademarks, service marks, logos, domain names, company names, or indicia of origin of Spiced Hen or any third party. In addition, the link must “point” to the URL www.spicedhen.com and not to other page(s) within the Services and the appearance, position and other attributes of the link may not create the false appearance that you, your organization or entity is sponsored by, affiliated with, or associated with Spiced Hen. Spiced Hen reserves the right to revoke this limited right at any time in its sole discretion.

Digital Millennium Copyright Act (“DMCA”) Notice

If you believe that any material available on or via the Services infringes a copyright you own or control, you may file a notification of such infringement with our Designated Agent as set forth below:
Spiced Hen Company
Legal Department
111 Pond Fort Trail
Lake St. Louis, MO 63376
Tel: (636) 265-1112
Email info@spicedhen.com
Please refer to 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. If a notice of copyright infringement has been filed against material posted by you on the Services, you may make a counter-notification with our Designated Agent identified above. Please refer to 17 U.S.C. § 512(g)(3). If Spiced Hen receives a valid counter-notification, it may reinstate the disabled or removed material in accordance with the DMCA. Spiced Hen may terminate, in appropriate circumstances and in its sole discretion, users who are deemed to be repeat infringers and may limit access to the Services and/or terminate the accounts of any user who may infringe the intellectual property rights of others, whether or not there is any repeat infringement.

Disclaimer of Warranties and Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE SERVICES, AND ALL CONTENT THEREIN, AND ALL THIRD PARTY CONTENT ACCESSIBLE FROM OR THROUGH THE SERVICES, AND ALL PROGRAMS, ARE PROVIDED TO YOU “AS IS,” WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES, USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE, DATA ACCURACY, SYSTEMS INTEGRATION, OR QUIET ENJOYMENT.

WHILE WE MAKE REASONABLE EFFORTS TO PROVIDE TIMELY AND ACCURATE INFORMATION THROUGH THE SERVICES, YOU SHOULD NOT ASSUME THAT THE INFORMATION IS ALWAYS UP TO DATE OR THAT THE SERVICES CONTAIN ALL RELEVANT INFORMATION AVAILABLE. IN PARTICULAR, IF YOU ARE MAKING AN INVESTMENT DECISION REGARDING SPICED HEN, PLEASE CONSULT A NUMBER OF DIFFERENT SOURCES, INCLUDING RELEVANT FILINGS WITH THE SECURITIES AND EXCHANGE COMMISSION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SPICED HEN, IT SUPPLIERS AND FRANCHISEES AND EACH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AND/OR AGENTS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF INCOME, PROFITS, GOODWILL, DATA, CONTRACTS, USE OF MONEY, OR LOSS OR DAMAGES ARISING FROM OR CONNECTED IN ANY WAY TO BUSINESS DISRUPTION, WHETHER IN TORT, CONTRACT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES OR INJURY CAUSED BY OR RESULTING FROM RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE SERVICES OR THAT RESULTS FROM UNAUTHORIZED ACCESS TO, ALTERATION, THEFT OR DESTRUCTION OF ANY PROGRAM MEMBER CARD(S) OR ACCOUNT(S), MISTAKES, ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, ACCIDENTS, VIRUSES, MISUSE OR FRAUD, DELAYS IN OPERATION, TRANSMISSION OR FAILURES OF PERFORMANCE, DELETION OF FILES OR EMAIL, UNAUTHORIZED USES OF THE SERVICES OR DATA, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO SPICED HEN’S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL SPICED HEN’S AGGREGATE LIABILITY, WHETHER IN CONTRACT, WARRANTY OR TORT, (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCTS LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES, EXCEED YOUR ACTUAL OR DIRECT DAMAGES, OR $100, WHICHEVER IS LESS.

Employment Opportunities

While job openings are identified as part of the Services, the process of applying for a job is conducted on a separate website(s) not subject to these Terms. Spiced Hen is committed to the principles of equal employment opportunity. Applicants are considered for all positions without regard to race, color, religion, marital status, pregnancy, national origin, disability, genetic information, military status or Vietnam-era Veteran status, sexual orientation, gender, gender identity or expression, age or any other status protected by applicable law. Spiced Hen encourages all qualified applicants to apply.

Visitors Outside of the United States

Spiced Hen makes no representation that the information available through the Services is appropriate or available for use outside of the United States. Those who choose to access the Services from outside of the United States do so on their own initiative and are responsible for compliance with applicable local laws.

Governing Law and Jurisdiction

Access to and use of the Services and these Terms are governed by (i) the laws of the State of Missouri, without regard to conflicts of laws principles. Any legal action or proceeding relating to your access to or use of the Services or these Terms shall be instituted only in the federal and state courts in the State of Missouri in St. Louis County. By accessing or using the Services, you consent to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action of proceeding.

Miscellaneous

If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not impact the validity and enforceability of the remaining provisions. If any clause or provision set forth in these Terms is determined to be illegal, invalid or unenforceable under present or future law, the clause or provision shall be deemed to be deleted without affecting the enforceability of all remaining clauses or provisions. Only a specific, written waiver of any of the provisions of these Terms, signed by an authorized representative of Spiced Hen, shall have any legal effect. You may not transfer any of your rights or obligations under these Terms, in any way. All of Spiced Hen’s rights and obligations under these Terms are freely assignable for any reason, including without limitation, in connection with a merger, acquisition, sale of assets, by operation of law or otherwise. Headings contained in these Terms are inserted for convenience of reference only and shall not in any way define or affect the meaning, construction or scope of any of the provisions contained in these Terms.

For More Information

If you have any questions regarding these Terms, please access our Customer Care Center at info@spicehen.com.