Terms of Use

This website, hellohuckleberry.com (the “Site”), is maintained by HKJC LLC d/b/a Huckleberry (“we”, “our”, or “us”).

We encourage all users to thoroughly review this Terms of Use together with our Privacy Policy (collectively, the “Terms of Service”) before using the Site, services, and products we offer (collectively, the “Services”). These Terms of Service are legally-binding terms and conditions for your use of our Services. If you do not agree with our Terms of Service, you cannot use our Site.

Acceptance of the Terms of Service

Use and access of the Site constitutes full acknowledgement and agreement to our Terms of Service. By registering for or using the Services in any manner, you agree to our Terms of Service without limitations. We reserve the right to modify these Terms of Service at any time without notice. Any updated Terms of Service will be posted on our Site, with an updated effective date. Continuation of the use of our Site after such changes constitutes acknowledgement and agreement to our Terms of Service. These Terms of Service apply to all users of our Services, including all registered and unregistered users.

Use License

We grant you a limited license to access and make personal use of this Site. This license does not include the right to download or modify any material, including logos, product descriptions, pricing, text, and graphics, or any portion thereof, without our express written consent. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, or otherwise exploited for any commercial purpose without our express written permission. Any unauthorized use of this Site voids the limited license granted to you by us.

Site Access

We reserve the right to modify or remove products and services available on the Site at any time, without notice, at our discretion. We do not guarantee access to any products or services, and may discontinue aspects of our Services without liability. Continued use of the Site constitutes acknowledgement and agreement to any changes.

Copyright and Trademarks

All content on this Site is the exclusive property of us. Said content includes text, graphics, logos, icons, images, audio and video clips, digital downloads, and software (“Content”). Any use of the Content made available on our Site, including any modification or reproduction for purposes other than to complete an order with us, without our express written permission, is prohibited. Our Content is protected by United States and international copyright laws and we reserve all rights contained therein. In case of dispute or infringement, we will rigorously defend our rights to this material. The use of trademarks owned exclusively by us is prohibited if used in connection with the sale of any product that is not ours, in any manner that seeks to disparage or discredit us or in any manner that may cause confusion among our customers.

Third-Party Sites

Huckleberry may occasionally link to the websites and content of third parties within our services. We do not monitor, endorse, or control any such content provided by third parties, and any such content do not necessarily reflect the views of Huckleberry. When you access third party sites, you do so at your own risk and you acknowledge that we are not responsible or liable for any damages or loss resulting from such third party content.

Rules of Conduct

We grant you use of the Site for personal use and in full compliance with our Terms of Service. As a user of this Site, you agree to not engage in any of the below prohibited behaviors (collectively, the “Prohibited Uses”):

• posting or transmitting any content that infringes upon the privacy rights or intellectual property of another entity

• posting or transmitting any content or information which is false or misleading

• posting or transmitting any content or information for payment

• posting or transmitting any content or contact information for another website

• violating any laws, statutes or regulations

• attempting to interfere with the normal workings of our Site

• attempting to interfere with our Site’s network security to disrupt our business or gain access to another computer system

• attempting to bypass or circumvent any security measures we have in place

• using any form of auto-responder to attempt to flood, spam, or crash the site

• using any form of spiders, robots or other techniques to scrape, download, store, or reproduce the content on our Site

• uploading corrupted files or viruses in an attempt to interfere with, or damage, the normal workings of our Site, or obtain unauthorized access to any information or systems

• violating any of our Terms of Service

Product Information

The content and information made available on our Site is for personal education and information only. The statements made about our products and services have not been verified by the U.S. Food and Drug Administration, and may not work as stated for everyone. Please use the products according to the instructions provided and check all ingredients for potential allergies. We do not intend to replace your medical physician, nor do we aim to diagnose, treat, or cure diseases or conditions. You should always consult your physician regarding any concerns and questions before using our products.

Registration and Membership

You may visit certain areas of the Site without registration, but registration is required to enjoy the full benefits and functionality of the Site. There are multiple ways to register; a) you can directly access the signup link and provide your email and full name, b) you can complete the Skin Profile Quiz and input your email and full name to register, and c) you can subscribe to a membership, which will automatically register you for our Site. You will be able to choose a unique user name and password to gain return access to your account details (“Account”). You agree to not falsify your information or attempt to misrepresent or impersonate someone else.

To become a subscription member, you will need to further provide billing, shipping, and payment information. Please refer to our Privacy Policy to understand how the Personal Information provided to us is securely stored and used.

Registered Users

Eligibility

You must be 13 years of age or older to become a registered member and must not have been previously removed by us for any reason. We reserve the right to refuse registration to our Site, including as a result of violation of these Terms of Service, and change the eligibility criteria at any time without notice.

Protecting Your Account

You are responsible for protecting your unique username and password and you agree to be responsible for all activities performed under your user account.

Email Communication

As a registered user, you are enrolled to receive our promotional emails and newsletters. You have the option to unsubscribe at any time from promotional emails, but we may still email you from time to time regarding your account information.

Rules and Responsibility for Content Submissions

You cannot submit any information that infringes on the intellectual property or rights of others. All content you post must be accurate to the best of your knowledge. Any content submitted in a public forum will be available to all other users of the Site. You grant us perpetual, irrevocable, and royalty-free rights to use and distribute your submitted content. Any submitted information, including product ratings and reviews, is your sole responsibility and can only be accepted from registered users. We reserve the right to remove any content at our sole discretion.

Members and Subscribers

In addition to the terms for Registered Users, Members are also subject to the following contract terms for our membership subscriptions.

Subscription Services

You may choose between three month-to-month subscriptions (four, two, or one product(s) sent per month). Please see our FAQ to learn more about each subscription. By choosing these subscriptions, you understand that there is an initial payment for the first delivery, and an AUTOMATIC MONTHLY RENEWAL of your chosen subscription at the then-current rate, which will be charged to the debit/credit card you have on file with us (“Payment Method”) each month.

As part of your membership agreement to use our subscription services, you agree that we may submit periodic charges (e.g. the price of your selected subscription) to your Payment Method WITHOUT FURTHER AUTHORIZATION FROM YOU until you cancel your authorization or subscription.

You can cancel your subscription, or change your Payment Method, at any time up to 3 business days before your next scheduled monthly payment by signing into your Account on the Site.

You may also elect a one-time upfront payment for our 3-month prepaid membership, which includes 12 total products. The total price will be billed at once to your Payment Method. Your subscription will not be renewed at the end of this option. Canceled memberships under this plan will not receive pro-rated refunds.

Your Kit List

As part of your membership, you can maintain a list of products from which we will make your monthly selection. You can access and modify your Kit List at any time from your personal account settings on the Site. If no products are in your Kit List at the time of fulfillment, we will select a kit for you.

Billing

We work with a third party payment processor (“Payment Processor”), who is responsible for collecting and storing your submitted payment information. The terms, conditions, and privacy policies of the Payment Processor, in addition to this Terms of Service, govern the processing of all payments. Information submitted by you will be linked to your Account for future payments. We are not responsible for errors by the Payment Processor. By choosing to become a member, you authorize us via our Payment Processor to charge your Payment Method the current price for your chosen subscription, and you agree to pay with your Payment Method.

Payment Method

We accept most major debit and credit cards issued in the USA. You may choose your preferred Payment Method, which will be stored securely with our Payment Processor. You can change your Payment Method by signing into your Account on the Site. If we do not receive payment from you, we reserve the right to cancel any existing and/or future orders, and you agree to pay the remaining balance upon demand.

You are required to maintain current, complete, and accurate information for your billing account and Payment Method. If you suspect any suspicious activity, such as unauthorized disclosure or use of your Account or Payment Method details, you can make changes directly via your Account on the Site. You agree that if you do not provide to us the most current and accurate billing information, we may continue to charge your Payment Method for any subscription services that have not been cancelled.

Pricing

We reserve the right to change the pricing of our products and services with or without notice. The most current pricing will be prominently displayed on the Site.

Shipping

Free ground shipping is included for all subscriptions. Since we use a third-party shipping and delivery carrier, the title and risk of loss for your orders will pass to you upon our delivery to the carrier. Although delivery usually takes 2 to 3 days, we cannot guarantee delivery times.

Taxes

Since we are located in Austin, Texas, we are required by law to collect sales taxes to all orders shipped to Texas.

Returns/Exchanges

Due to the nature of our products, we cannot accept returns. More information is provided on our Return/Exchange Policy.

Disclaimer

THE SITE, SERVICES AND CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO WARRANTY OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE OPERATION, TITLE, INFORMATION, PRODUCTS, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, SECURITY OR ACCURACY. HUCKLEBERRY AND ALL DIRECTORS, EMPLOYEES AND PARTNERS DO NOT WARRANT THAT A) THE CONTENT IS ACCURATE, COMPLETE, OR CURRENT B) THE SERVICES WILL BE SECURE OR AVAILABLE AT ALL TIMES C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR HARMFUL COMPONENTS, AND D) THE RESULTS OF USING THE SERVICES WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS. WE ALSO MAKE NO WARRANTIES FOR ANY CONTENT PROVIDED AT THIRD PARTY SITES TO WHICH WE MAY LINK. YOU USE THE SITE AND SERVICES SOLELY AT YOUR OWN RISK.

Indemnity

You agree to defend, indemnify and hold harmless Huckleberry (and all of our officers, directors, agents, employees, and third-party providers) from any and all claims, damages, demands, liabilities, losses, and expenses, including legal fees, that arise from a) your use or misuse of the Services b) your violation of these Terms of Service, c) your violation of any law or the rights of a third party or d) any content you posted to the Site. Your indemnification obligation will survive any termination of your use of our Services.

Limitation of Liability

In no event shall Huckleberry (nor our officers, directors, agents, employees, or third-party providers) be liable for any damages of any kind resulting from the use of this Site, including but not limited to, direct, indirect, incidental, punitive and consequential damages. Such damage includes, but is not limited to, a) any loss of profits, loss of data, or loss of use whether based on contract, tort, warranty or otherwise and b) any bugs, viruses, trojans or the like. In no event shall the total liability of Huckleberry or any officers, directors, and employees for all damages or losses resulting from your use of the Site exceed the amount you paid to us for the event that gave rise to such liability. This limitation of liability applies to all Content and Services available to you through the Site.

Severability

If any provision in these Terms of Service is declared invalid or unenforceable by any court, that provision will be deemed ineffective and eliminated as necessary so as not to affect the enforceability of the remainder of these Terms of Service, to the extent allowed under the applicable law or court decisions.

Waivers

Failure by us to enforce, whether partially or fully, any part of these Terms of Service shall not be deemed a waiver of our ability to subsequently exercise our rights for any breach of that or any other part of our Terms of Service. For any waiver of compliance to these Terms of Service to be binding, you must receive written notice of such waiver from us.

Applicable Law

You agree that the laws of the state of Texas, without regard to principles of conflict of laws, will govern these Terms of Service and any dispute of any sort that might arise between you and us.

Changes in Policy

We reserve the right to modify, alter, delete and update these policies at any time we see fit, with or without notice. Such alterations do not nullify our rights if infringements or breaches occurred under a previous version of these conditions.

Should you have any questions or concerns about these Terms of Service, please email us at help [at] hellohuckleberry.com.

 
Effective Date: 2/5/2015