Terms & Conditions

These terms and conditions govern your use of this website.

Welcome to HenrysPets.com. These Terms & Conditions apply to the Henry’s Pets website located at www.HenrysPets.com and all other sites, mobile sites, services, applications, and platforms where these Terms & Conditions appear or are linked (collectively, referred to here as the “Site”). As used in these Terms & Conditions, “Henry’s,” “Henry’s Pet’s,” “us,” or “we” refers to Henry’s Healthy Pet Foods, Inc.

Please carefully read the following Terms & Conditions as they affect your legal rights. 

Introduction

BY ACCESSING OR OTHERWISE USING THE SITE, YOU AGREE TO THESE TERMS & CONDITIONS. Any person or entity who interacts with the Site using crawlers, robots, browsers, data mining or extraction tools, or other functionality, whether such functionality is installed or placed by such person or entity or a third party, is considered to be using the Site. If at any time you do not accept all of these Terms & Conditions, you must immediately stop using the Site. Additional terms and policies may govern certain areas within the Site ("Additional Terms"). By using those areas of the Site, you agree to the Additional Terms. The Additional Terms are incorporated into these Terms & Conditions, and any reference to these Terms & Conditions includes the Additional Terms.

Content

All content included on the Site, such as text, graphics, logos, images, audio clips, video, data, or other material (collectively “Content”), is owned or licensed by Henry’s Pets or its suppliers or licensors and is protected by copyright, trademark, patent, or other proprietary rights. Henry’s Pets and its suppliers and licensors expressly reserve all intellectual property rights in all Content.

License and Access

Henry’s grants you a limited license to access and make personal use of the Site and the Content for NONCOMMERCIAL PURPOSES ONLY and only to the extent such use does not violate these Terms & Conditions. You may download, print, and copy Content for personal, noncommercial purposes only, provided you do not modify or alter the Content in any way, delete or change any copyright or trademark notice, or violate these Terms & Conditions in any way. Accessing, downloading, printing, posting, storing, or otherwise using the Site or any of the Content for any commercial purpose, whether on behalf of yourself or behalf of any third party, constitutes a material breach of these Terms & Conditions. This Site is intended for use by individuals 13 or older. If you are under 18, you may use this site only with the involvement of a parent or guardian.

Unlawful or Prohibited Uses

You may only use this Site for lawful purposes per the terms of the license granted in these Terms & Conditions. As a condition of your use of this Site, you warrant to Henry’s that you will not (and will not assist or encourage any third party to) use the Site in any way or for any purpose that is unlawful or is prohibited by these Terms & Conditions. Whether on behalf of yourself or behalf of any third party, YOU MAY NOT:

• Make any commercial use of the Site or its Content, including making any collection or use of any product listings, descriptions, prices, or images;

• Download, copy, or transmit any Content for the benefit of any other merchant;

• Use or attempt to use any engine, software, tool, agent, data, or other device or mechanism (including browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Site other than the search engine and search agents provided by Henry’s or generally publicly available browsers;

• Frame, mirror, or use framing techniques on any part of the Site without Henry’s Pets’s express prior written consent;

• Make any use of data extraction, scraping, mining, or other data gathering tools, or create a database by systematically downloading or storing Site content, or otherwise scrape, collect, store, or use any Content, account information, product listings, descriptions, prices or images, except according to the limited license granted by these Terms & Conditions;

• Use any meta tags or any other hidden text utilizing the Henry’s Pets name or marks;

• Misrepresent the identity of a user, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site, or express or imply that we endorse any statement you make;

• Use a buying agent to conduct transactions on the Site;

• Conduct fraudulent activities on the Site;

• Violate or attempt to violate the security of the Site, whether in an automated fashion or otherwise, including, without limitation: (i) accessing data not intended for you or logging onto a server or an account that you are (a) not authorized to access or, (b) in the case of a user account, not the registered user of such account; (ii) trying to change the behavior of the Site; (iii) attempting to probe, scan or test the vulnerability of a system or network, or to breach security or authentication measures; (iv) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting malware to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing"; (v) forging any header or any part of the header information in any email or posting; or (vi) forging communications on behalf of the Site (impersonating the Henry’s Pets Site) or to the Site (impersonating another user whether such user provided their approval for such action(s) or not);

• Send unsolicited or unauthorized emails on behalf of Henry’s, including promotions or advertising of products or services;

• Tamper with the Site or use or attempt to use any device, software, routine, or data that interferes or attempts to interfere with the working or functionality of the Site or any activity conducted on the Site;

• Use the Site or provide any User Content to defame, abuse, harass, stalk, unlawfully track, threaten, or otherwise violate the rights of others, including others’ privacy rights or rights of publicity;

• Harvest or collect personally identifiable information about other users of the Site;

• Restrict or inhibit any other person from using the Site (including, without limitation, by hacking or defacing any portion of the Site);

• Use the Site to advertise or offer to sell or buy any goods or services without express prior written consent from Henry’s Pets;

• Reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes any portion of, use of, or access to the Site;

• Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Site; or

• Remove any copyright, trademark, or other proprietary rights notice from the Site or materials originating from the Site.

Your Account

You may be required to register an account with Henry’s Pets to access certain areas or services of the Site. Your username and password are for your personal use only, and you will not share your username or password with any individual or third party (other than Henry’s). If you use the Site, you are responsible for maintaining the confidentiality of your account and password and restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. In addition to all other rights available to Henry’s Pets, including those outlined in these Terms & Conditions, Henry’s reserves the right, in its sole discretion, to terminate your account, refuse service to you, or cancel orders.

Modification & Termination

Henry’s Pets may at any time: (i) modify or discontinue any part of the Site; (ii) charge, modify, or waive fees required to use the Site; or (iii) offer opportunities to some or all Site users. Henry’s Pets reserves the right to change these Terms & Conditions at any time, effective immediately upon being posted on the Site. Each time you use the Site, you should review the current Terms & Conditions. You can determine when these Terms & Conditions were last revised by referring to the "LAST UPDATED" legend at the top of these Terms & Conditions. Your continued use of the Site will indicate your acceptance of the current Terms & Conditions; however, any change to these Terms & Conditions after your last usage of the Site will not be applied retroactively. Henry’s Pets reserves the right, without notice and at its sole discretion, to terminate your account or your use of the Site and to block or prevent future access to and use of the Site (i) if you violate any of these Terms & Conditions, (ii) for any other reason or (iii) for no reason. Your right to use the Site will immediately cease upon any such termination.

You agree that we shall not be liable to you or any third party for any termination of your access to the Site. Upon termination, all provisions of these Terms & Conditions intended to survive termination, all representations and warranties, all limitations of liability, and all indemnities shall survive such termination.

User Reviews, Comments & Submission

Henry’s Pets welcomes your reviews, comments, and other communications (including, without limitation, any content or other data entered into any search fields, chat tools, or other areas of the Site where you can submit content), photos, videos, or any other content that you submit through or to the Site, or any content or information you publish through any social media and allow Henry’s to feature, such as your name, social media handle, accompanying text, and any images, videos, or audio from your social media accounts (e.g. Twitter™, Instagram™, Pinterest™) (collectively, "User Content") as long as the User Content submitted by you complies with these Terms & Conditions. User Content will not include any photographs or images you submit as part of a Transaction (as defined below). You agree that any User Content will be accurate; will not violate or facilitate the violation of any law or regulation; will not violate any right of a third party, including copyright, trademark, privacy, or publicity rights; will not cause injury to any person or entity; and will not contain, or provide links to, obscene, profane, or threatening language, malware, political campaigning, commercial solicitation, chain letters, mass mailings, any form of "spam," or any material that could be considered harmful, sexually explicit, exploitative, indecent, lewd, violent, abusive, or degrading. You are solely responsible for the User Content you submit, and Henry’s Pets assumes no liability for any User Content you submit. You acknowledge and agree that we reserve the right (but have no obligation) to do any or all of the following, in our sole discretion: (i) monitor User Content; (ii) alter, remove, or refuse to post or allow to be posted any User Content; or (iii) disclose any User Content, and the circumstances surrounding its transmission, to any third party. For any User Content you submit, you grant to Henry’s Pets a non-exclusive, sub-licensable, fully paid-up, perpetual, irrevocable, royalty-free, transferable right and license to use, display, perform, transmit, copy, modify, delete, adapt, publish, translate, create derivative works from, sell and distribute such User Content and to incorporate the User Content into any form, medium, or technology, now known or hereafter developed, throughout the world, including but not limited to non-digital media and advertising channels, such as in-store marketing, all without compensation to you.

For this reason, do not send us any User Content you do not wish to license to us, including any confidential information or original creative materials such as stories, product ideas, computer code or original artwork. In addition, you grant Henry’s Pets the right to include the name provided along with the User Content submitted by you; provided, however, Henry’s shall have no obligation to include such name with such User Content. We are not responsible for the use or disclosure of any personal information that you voluntarily disclose in connection with any User Content you submit. You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section, including but not limited to permission from or on behalf of any individuals that appear in the User Content to use and grant to third parties such as Henry’s the right to use, their name, image, voice or likeness without compensation to you or any other person or entity. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding User Content that you may have under any applicable law under any legal theory.

Third-party visitors also provide content to the Site. Please note that Site visitors may post inaccurate, misleading, or deceptive content. Henry’s Pets neither endorses nor is responsible for any opinion, advice, information, or statements made by third parties. The views expressed by third parties reflect solely the opinions of the individuals who submitted such opinions and may not reflect those of Henry’s Pets.

Henry’s Pets Account Discounts

Henry’s offers a few account-level discounts, the foremost of which is the Wildlife Rehabber Discount (WRD). The WRD is intended for licensed/permitted wildlife rehabilitators only. Applicants may be required to submit evidence of their permit/license or sub-permittee status to obtain the discount. Henry’s Pets reserves the right to deny the discount to anyone who cannot provide adequate proof that their state or a federal entity licenses them. 

Henry’s Pets can offer discounts for non-profit entities and will require evidence - such as a copy of the applicant’s non-profit status form. Henry’s reserves the right to deny non-profit discount status to applicants who cannot provide appropriate evidence of their non-profit status. Additionally, Henry’s will require updated forms periodically and will terminate the discount status of anyone who fails to provide an updated copy of their non-profit status form.

Note: WRD or non-profit status discounts cannot be applied retroactively to orders, regardless of how recently they were placed.

Sales and Temporary Offers

Henry’s Pets periodically offers special site-wide sales or sales limited to specific categories or customer groups. When a sale is provided exclusively to a customer group, such as registered rehabbers receiving the WRD, Henry's will refuse to extend it to non-rehabbers. When a sale is site-wide or limited to a specific category, therefore open to all customers, Henry’s reserves the right to deny access to the sale to anyone petitioning for the sale after the time period it is active.

Transactions

If you wish to purchase any product or service made available through the Site, including items sold by Henry’s Pets (a “Transaction”), you may be asked to supply certain information relevant to your Transaction, including, without limitation, information about your method of payment (such as your payment card number and expiration date), your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant Henry’s Pets the right to provide such information to third parties to facilitate the completion of Transactions initiated by you or on your behalf. Information verification may be required before the acknowledgment or completion of any Transaction.

All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the Site are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and provided only for convenience. Including any products or services on the Site does not imply or warrant that these products or services will be available. You are responsible for ascertaining and obeying all applicable local, state, federal, and international laws (including minimum age requirements) regarding the receipt, possession, use, and sale of any item purchased from this Site. By placing an order, you represent that the products ordered will be used only legally. All educational books and similar products sold are for private, non-public, home use (with no admission fee) and may not be duplicated. Henry’s Pets reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all Transaction(s); and (iv) refuse to provide any user with any product or service. You agree to pay all charges that may be incurred by you or on your behalf through the Site at the price(s) in effect when such charges are incurred, including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may apply to your Transactions. 

Henry’s Pets, our customer service representatives, or delivery partners may call or text you by telephone regarding your account, your Transactions, or the delivery of your purchases. By using this site and placing an order with us, you agree that we may place such calls or texts on a mobile phone, other similar devices, or email.

Limitations on Quantity

Henry’s Pets does not offer additional discounts on large orders of a single item or large orders of many individual items. In addition, we reserve the right to limit quantities on orders placed by the same account, orders placed by the same payment method, and orders that use the same billing or shipping address. We will notify you if such limits are applied. Henry’s reserves the right to prohibit merchandise purchases to resellers or suspected resellers. A reseller is defined as a company or an individual that purchases goods intending to sell them rather than use them.

Orders Paid by Check

Henry’s official policy is to withhold the shipment of paid-by-check orders until the check is received. Any expedited or urgently needed orders should be paid via card, PayPal, or another online payment method. Henry’s reserves the right to cancel any order for which we have not received payment after 2 weeks. Henry’s cannot and does not assume ANY responsibility for checks that are delayed or lost in the mail.

Colors

Henry’s Pets strives to display the colors of the products shown on the Site as accurately as possible; however, Henry’s cannot and does not guarantee that your monitor’s display of any color will be accurate. Furthermore, because all food items produced by Henry’s Pets are made using natural, undyed, or bleached ingredients, the color of individual batches varies according to the natural variation of ingredients used.

Availability, Errors & Inaccuracies

If an item is out of stock, Henry’s may, in its sole discretion and at no extra cost to you, accept a pre-order for the item. All pre-orders must be paid for in full at the time the order is placed, with the understanding the item will ship to you as soon as it arrives to us from the supplier.

Henry’s Pets’s acknowledgment of an order means that your order request has been received; it does not mean that your order has been shipped or that the price or availability of an item has been confirmed. Henry’s makes a conscientious effort to accurately describe and display its products and services on the Site. Despite these efforts, a small number of items on the Site may be mislabeled or unavailable, and we may experience delays in updating information on the Site and in our advertising on other sites. As a result, we cannot and do not guarantee any information's accuracy or completeness, including prices, product images, specifications, availability, and services. Henry’s Pets reserves the right to change or update information and correct errors, inaccuracies, or omissions without prior notice. We apologize for any inconvenience. If we determine that there were inaccuracies in our product information, we will cancel your order and notify you of such cancellation via email. 

Delays Due to Weather

Henry’s Pets is not responsible for any delays in fulfilling, processing, or shipping orders due to inclement or severe weather. If our team cannot travel to the bakery safely, your order may be delayed. In cases of delayed fulfillment due to weather, Henry’s will not offer any refunds or discounts on shipping costs. Henry’s has no control over or responsibility for your package once we have handed it over to the shipping carrier and will not provide refunds or free replacements for orders delayed in shipping due to weather issues. If your order is delayed past the 7-day delivery window due to weather delays, please contact us, and we will work together to help resolve the issue economically and fairly.

International Shipping

Henry’s Pets ships to many countries internationally but is unable to send Henry’s Blocks, Henry’s Stix, and other perishable or food items due to customs issues. Due to the variability in international shipping times, we cannot guarantee the timely delivery of products by the shipping carrier. 

International customers are responsible for all customs duties, fees, taxes, or other charges that may be due upon receipt of your package. These charges are not included in the shipping cost unless otherwise stated. If a package is returned to us due to unpaid duties or taxes, we may refund the cost of any nonperishable items in good condition, minus shipping charges. Perishable items will not be refunded.

Orders Marked “Delivered”

In instances where a customer reports their package delayed or missing but it is marked “delivered” by the shipping carrier within the promised delivery window, Henry’s is not responsible for providing a refund, replacement, or any other compensation. 

Wildlife Care Information and Legal Notice

THE INFORMATION CONTAINED IN THE WILDLIFE CARE AND REHABILITATION PAGES OF THIS SITE IS INTENDED FOR EDUCATIONAL USE ONLY. IT IS NOT INTENDED TO BE A SUBSTITUTE FOR SEEKING GUIDANCE FROM A LICENSED WILDLIFE REHABILITATOR OR QUALIFIED VETERINARIAN. IT DOES NOT REPLACE THE NEED FOR SERVICES PROVIDED BY WILDLIFE CARE PROFESSIONALS. IF YOU FIND A SQUIRREL OR ANOTHER WILD ANIMAL, PLEASE CONTACT A LICENSED WILDLIFE REHABILITATOR OR VETERINARIAN.

Returns

If you are not fully satisfied with your purchase of items sold by Henry’s Pets, you may be eligible for a return, refund, or replacement. PERISHABLE ITEMS, INCLUDING ALL FLAVORS OF HENRY’S BLOCKS, HENRY’S STIX, AND HENRY’S HAMSTER DIET, ARE NOT ELIGIBLE FOR RETURN. If your animal is not satisfied with the food products, please contact us, and we will work to find an alternative food that they can enjoy. If an order arrives damaged by the shipping carrier, is missing an item, or contains the wrong items, you must report the problem to Henry’s within 7 days of delivery or notification of delivery. Henry’s reserves the right to deny returns or replacements for all damaged or incorrect orders if we are not notified about the issue within 7 days of the package’s delivery to your home. Non-perishable items are eligible for return within the first 30 days of delivery if they are unopened and unused. Henry’s Pets will not cover the cost of the return shipment unless your order arrived damaged or you received the wrong item.

Gift Cards & Certificates

All gift cards, e-gift cards, and other certificates purchased from the Site are sent to the recipient’s email address. Henry’s cannot and does not assume any responsibility for successfully delivering the gift certificate to the recipient’s email address. It is entirely the responsibility of the gift certificate buyer to be aware of the correct email address and to enter the address accurately. Furthermore, the recipient must check their email inboxes and correctly enter the gift certificate code they are sent.

Miscellaneous

Links to Third-Parties’ Websites

The Site may contain links and interactive functionality interacting with third-party websites, including social sites and product manufacturers’ sites. Henry’s Pets is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such website. Before enabling any sharing functions of the Site to communicate with any such website or otherwise visiting any such website, Henry’s strongly recommends that you review and understand the terms and conditions, privacy policies, settings, and information-sharing functions of each such third-party website. The links and interactive functionality for third-party sites on the Site do not constitute an endorsement by Henry’s Pets of such third-party sites. Other sites may link to the Site with or without authorization, and we may block any links to or from the Site. YOUR USE OF THIRD-PARTY WEBSITES AND RESOURCES IS AT YOUR OWN RISK.

Risk of Loss

Once Henry’s Pets hands a package to the shipping carrier, we no longer have any control over or responsibility for the package. This means that the risk of loss and title for such items passes to you upon delivery of the package to the carrier. Orders will be shipped to the address you designated, if applicable, so long as the address is complete and complies with any shipping restrictions on the Site. HENRY’S DOES NOT ACCEPT RESPONSIBILITY FOR THE ACCURACY OF THE ADDRESS YOU ENTER DURING CHECKOUT - YOU ARE SOLELY RESPONSIBLE FOR ENSURING THE SHIPPING ADDRESS YOU ENTER IS ACCURATE. Henry’s Pets will not cover the cost of resending packages to a different address if you enter the wrong address. While Henry’s Pets always purposefully selects shipping methods that should deliver the package within the 7-day delivery window for perishable food items to remain in good condition, the time and specific location of delivery of your package is at the carrier's discretion.  The carrier will attempt to deliver the package to your mailbox or front door. Still, if your mailbox is full or your front door is not easily accessible, the carrier will attempt to deliver your package at an alternative location at your premises at the carrier’s sole discretion. Henry’s Pets is not responsible for anything that happens to a package once it has been marked delivered by the carrier, such as theft or damage. 

Export Policy

By using this Site to make purchases from Henry’s Pets, you agree that any purchased goods sold on the Site are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and import laws and regulations of the country in which the products are manufactured or received. Henry’s Pets cannot guarantee that all products sold on the Site will be able to successfully pass through the import and customs offices of the country in which you live. WE WILL NOT ASSUME RESPONSIBILITY FOR PACKAGES DELAYED, RETURNED, OR LOST BY THE CUSTOMS OFFICE OF YOUR COUNTRY.

DMCA Notice - Notice & Procedure for Making Claims of Copyright Infringement

Henry’s Pets policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act ("DMCA"). Copyright-infringing materials found on the Site can be identified and removed via our process listed below, and you agree to comply with such process if you are involved in any claim of copyright infringement to which the DMCA may apply.

If you believe in good faith that your work is plagiarized in a way that constitutes copyright infringement, please provide Henry’s representatives with the written information specified below. Please note that this procedure is exclusively for notifying Henry’s that your copyrighted material has been infringed. Henry’s does not and will not make any legal decisions about the validity of your infringement claim or the possible defenses to a claim. When a clear and valid notice is received under the guidelines outlined below, Henry’s will either remove the allegedly infringing content or block access to it. Henry’s may contact the notice provider to request additional information. Under the DMCA, Henry’s must take reasonable steps to notify the user who posted the allegedly infringing content ("Alleged Infringer"). The Alleged Infringer is allowed under the law to send Henry’s a counter-notification. Notices and counter-notices are legal notices distinct from regular Site activities or communications. We may publish or share them with third parties at our sole discretion (in addition to producing them according to a subpoena or other legal discovery request). Anyone making a false or fraudulent notice or counter-notice may be liable for damages under the DMCA, including costs and attorneys’ fees. Any person unsure whether particular material infringes a copyright held by such person or a third party should contact an attorney.

To file a DMCA notice, the copyright owner must only send a written letter by fax, regular mail, or email. We reserve the right to ignore a notice that does not comply with the DMCA, and we may, but are not obligated to, respond to a non-compliant notice.

A DMCA notice must:

• Identify specifically the copyrighted work(s) believed to have been infringed (for example, "My copyrighted work is the picture that appears at [list location where material is located].");

• Identify the Content that a copyright owner claims is infringing upon copyrighted work. The copyright owner must provide information reasonably sufficient to enable us to locate the item on the Site. The copyright owner should provide clear screenshots of the allegedly infringing materials for identification purposes only. The information provided should be as detailed as possible;

• Provide information sufficient to permit us to contact the copyright owner directly: name, street address, telephone number, and email (if available);

• If available, provide information sufficient to permit us to notify the Alleged Infringer (email address preferred);

• Include the following statement: "I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law";

• Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed";

• Be signed; and

• Be sent to our office at the following address:

Henry’s Pets

158 Pioneer Way NE

Suite 1

Floyd, Virginia 24091

email: contact@henryspets.com

Disclaimers of Warranties

Henry’s Pets cannot and does not represent or warrant that the Site or its server will be error-free, uninterrupted, free from unauthorized access (including third-party hackers or denial of service attacks), or otherwise meet your requirements.

THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, SERVICES, AND USER CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE (COLLECTIVELY, THE "SITE CONTENTS") ARE PROVIDED BY HENRY’S ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. HENRY’S MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE ACCURACY OR COMPLETENESS OF THE SITE CONTENTS, OR THAT EMAILS SENT FROM HENRY’S ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMITTED BY LAW, HENRY’S DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES CONCERNING THE SITE AND THE SITE CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE.

CERTAIN PROVIDERS OF PRODUCTS MAY SEPARATELY PROVIDE LIMITED REPRESENTATIONS OR WARRANTIES REGARDING THEIR PRODUCTS. THIS DISCLAIMER DOES NOT APPLY TO SUCH PRODUCT WARRANTIES.

HENRY’S DOES NOT REPRESENT OR WARRANT THAT THE NUTRITION, INGREDIENT, ALLERGEN, AND OTHER PRODUCT INFORMATION ON OUR SITE IS ACCURATE OR COMPLETE SINCE THIS INFORMATION IS PROVIDED BY THE PRODUCT MANUFACTURERS OR SUPPLIERS AND ON OCCASION MANUFACTURERS MAY MODIFY THEIR PRODUCTS AND UPDATE THEIR LABELS. WE RECOMMEND THAT YOU DO NOT RELY SOLELY ON THE INFORMATION PRESENTED ON OUR SITE AND THAT YOU CONSULT THE PRODUCT’S LABEL OR CONTACT THE MANUFACTURER DIRECTLY IF YOU HAVE A SPECIFIC DIETARY CONCERN OR QUESTION ABOUT A PRODUCT.

On the Site, we may display names, marks, products, advertisements, or services of third parties, pop-up texts, or links to third-party sites. If you decide to link to any such third-party sites, you do so entirely at your own risk.

Jurisdictional Issues

The Site is controlled and operated by Henry’s Pets from the United States. It is not intended to subject Henry’s to the laws or jurisdiction of any state, country, or territory other than that of the United States. Henry’s does not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. You choose to access the Site on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules, and regulations. We may limit the Site’s availability, in whole or in part, to any person, geographic area, or jurisdiction we choose at any time and in our sole discretion.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL HENRY’S PETS OR ITS EMPLOYEES, DIRECTORS, OFFICERS, OR AGENTS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT OR TORT, EVEN IF HENRY’S HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, ANY CONTENT ON THE SITE, OR THESE TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN. 

EACH PROVISION OF THESE TERMS & CONDITIONS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THE AGREEMENT BETWEEN YOU AND HENRY’S. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND HENRY’S. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE(S).

Indemnification & Defense

As a condition of the use of the Site, you agree to defend, indemnify and hold harmless Henry’s Pets and its respective employees, directors, officers, agents, vendors, and suppliers from and against any liabilities, losses, investigations, inquiries, claims, suits, damages, costs and expenses (including, without limitation, reasonable attorneys’ fees and expenses) (each, a "Claim") arising out of or otherwise relating to Claims alleging facts that if true would constitute a breach by you of these Terms & Conditions or any User Content submitted by you.

Miscellaneous

These Terms & Conditions, including policies and information linked from or incorporated herein or otherwise found on the Site, constitute the entire agreement between you and Henry’s Pets concerning the Site and supersede all prior or contemporaneous communications, agreements, and proposals for the Site. No provision of these Terms & Conditions shall be waived except according to a written statement executed by the party against whom the waiver is sought. No failure to exercise, partial exercise of, or delay in exercising any right or remedy under these Terms & Conditions shall operate as a waiver or estoppel of any right, remedy, or condition. You may not assign, transfer, or sublicense any of your rights or obligations under these Terms & Conditions without our express prior written consent. We will not be responsible for failure to fulfill any obligation due to causes beyond our control.

Contact Us

If you have any concerns about Henry’s Pets or your use of the Site, please contact us with a detailed description, and we will try to resolve the issue.