Terms of Service - Koops Coops

Terms and Conditions for Koops Coops website

Please read these Terms and Conditions (“Terms”) carefully before using the Koops Coops website (the “Website”) operated by Koops Coops LLC (“us,” “we,” or “our”).

By accessing or using the Website, you agree to be bound by these Terms. If you¹ disagree with any part of the terms, then you may not access the² Website.

1. General Information

The Website is an online platform for the sale of live chickens, poultry supplies, and related products (the “Products”).
By using this Website, you represent that you are at least the age of majority in your state or province of residence and have the legal capacity to³ purchase and care for live animals. You are responsible for understanding and complying with all local ordinances and regulations regarding the keeping of chickens.
We reserve the right to modify or terminate the Website or any part thereof, at any time without notice.
Your continued use of the Website following the posting of any changes to these Terms constitutes acceptance of those⁴ changes.

2. Account Creation and Security

You may be required to create an account to access certain features of the Website or to make purchases.
You are responsible for maintaining the confidentiality of your account information, including⁵ your username and password.
You agree to notify us immediately of any unauthorized⁶ access to or use of your account.
You are responsible for all activities that occur under your account.
We reserve the right to suspend or terminate your account⁷ at our sole discretion, without notice, for any reason, including,⁸ but not limited to, violation of these Terms.

3. Product Information and Availability (Chickens)

We strive to provide accurate information about the chickens we offer, including breed, age, sex (if known), and vaccination status. However, we only guarantee the sex of large fowl chickens.
Images of chickens on the Website are for illustrative purposes only and may not represent the exact birds you will receive. Variations in appearance are normal.
The availability of specific breeds and ages of chickens is subject to change without notice due to factors such as hatching rates and demand. We do not guarantee that all chickens listed will be available at all times.
We reserve the right to limit the number of chickens that can be purchased per order.

4. Ordering and Payment (Chickens)

By placing an order for chickens through our Website, you are making an offer to purchase live animals.
All orders for live chickens are subject to acceptance by us. We reserve the right to refuse any order for any reason, including concerns about the well-being of the chickens or the buyer’s ability to care for them.
Prices for chickens are listed in USD and are subject to change without notice.
You agree to pay the total amount specified at the time of pickup of your order, including the price of the chickens.
We accept various forms of payment as indicated on the Website. You represent and warrant that you are authorized to use the payment method you provide.
Full payment is typically required before live chickens are picked up.

5. Shipping and Delivery (Live Chickens) – Not currently shipping.

Shipping Live Animals: Shipping live animals can be stressful for them. We take precautions to ensure their safe transport, but stress-related issues can occur.
Shipping Methods and Costs: We will ship live chickens using methods deemed safe and humane for the animals. Shipping costs will vary depending on your location, the number of chicks ordered, and the shipping method. These costs will be clearly outlined during the checkout process.
Shipping Restrictions: We may have restrictions on where we can ship live chickens due to regulations or concerns about the animals’ well-being during transit. Please check our Shipping Policy for Live Animals for detailed information on eligible shipping locations.
Delivery Requirements: Someone must be present to receive the live chicken shipment upon arrival. We will provide tracking information and estimated delivery dates. Failure to receive the shipment promptly may void any live arrival guarantee.
Live Arrival Guarantee (if applicable):
- We may offer a limited live arrival guarantee for shipped chickens, provided specific conditions are met. These conditions will be detailed in our separate “Live Animal Guarantee” or “Shipping Policy for Live Animals.”
- Typically, claims for DOA (Dead On Arrival) chickens must be reported within a very short timeframe (e.g., within 24 hours of delivery) with clear photographic or video evidence.
- The live arrival guarantee may not cover losses due to delays caused by the shipping carrier or failure of the buyer to receive the shipment promptly.
- The guarantee typically does not extend beyond live arrival and does not cover the health or well-being of the chickens once they are in your care.

6. Local Pickup

If local pickup is offered, you will be responsible for arranging a suitable time to collect your chickens from our designated location.
You are responsible for ensuring you have appropriate transportation for the chickens to ensure their safety and well-being during transport after pickup.

7. Returns and Refunds (Live Chickens)

Due to the sensitive nature of live animals and biosecurity concerns, returns of live chickens are not accepted.
Replacements for live chickens may be considered under the terms of our No Returns, Cancellations and Rooster Policy reported within the specified timeframe and with proper documentation.
We do not offer any guarantees at all on any breeds except large fowl chickens.

8. Poultry Supplies and Dry Goods

For returns and refunds on poultry supplies and other non-living products, please contact us.

9. Intellectual Property

The Website and its original content, features, and functionality (including but not limited to text, graphics, logos, images,⁹ and software) are owned by Koops Coops LLC and are protected by copyright, trademark, and other intellectual property laws.
You may not¹⁰ reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website,¹¹ except as generally and ordinarily permitted through the Website according to these Terms.¹²

10. User Content

You may be permitted to post reviews, comments, or other content (“User Content”) on the Website.
By posting User Content, you grant us a non-exclusive,¹³ royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content throughout the world in any media.
You represent and warrant that your¹⁴ User Content is accurate, not misleading, and does not violate the rights of any third party.
We reserve the right to remove or edit User Content that we deem to be inappropriate, offensive, or in violation of these Terms.

11. Prohibited Conduct

You agree not to use the Website for any unlawful purpose or in any way that could harm, disrupt, or impair the Website or our services.
Prohibited conduct includes, but is not limited to:
- Transmitting any viruses, worms, or other malicious code.
- Collecting or harvesting any personally identifiable information¹⁵ from other users without their consent.
- Impersonating any person or entity or falsely stating or otherwise misrepresenting your affiliation with a¹⁶ person or entity.
- Interfering with or disrupting¹⁷ the operation of the Website or the servers or networks used to make the Website available.
- Attempting to gain unauthorized access to any¹⁸ portion of the Website or any other systems or networks connected to the Website.¹⁹

12. Disclaimer of Warranties

THE WEBSITE AND ALL PRODUCTS AND SERVICES OFFERED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT²⁰ WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,²¹ FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.²²
WE DO NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS²³ THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.²⁴
WE MAKE NO WARRANTIES REGARDING THE LONG-TERM HEALTH OR PRODUCTIVITY OF LIVE CHICKENS ONCE THEY HAVE BEEN SHIPPED OR PICKED UP AND ARE IN YOUR CARE, BEYOND ANY EXPRESS LIVE ARRIVAL GUARANTEE.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KOOPS COOPS LLC, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT,²⁵ PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS,²⁶ GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO²⁷ YOUR USE OF, OR INABILITY TO USE, THE WEBSITE OR THE PRODUCTS OR SERVICES OFFERED THROUGH THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.²⁸
OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR²⁹ YOUR USE OF THE WEBSITE OR THE PRODUCTS OR SERVICES OFFERED THROUGH THE WEBSITE SHALL NOT EXCEED THE TOTAL AMOUNT YOU PAID TO US FOR THE APPLICABLE PRODUCTS OR SERVICES. FOR LIVE ANIMALS, OUR LIABILITY IS EXPRESSLY LIMITED TO THE TERMS OF ANY APPLICABLE LIVE ARRIVAL GUARANTEE.

14. Indemnification

You agree to indemnify, defend, and hold harmless [Your Company Name], its affiliates, officers, directors, employees,³⁰ agents, suppliers, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including³¹ reasonable attorneys’ fees) arising out of or relating to your³² breach of these Terms, your use of the Website, your User Content, your care and handling of the purchased chickens, or your violation of any law or the rights of a third party.

15. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of [Your State], without³³ regard to its conflict of law provisions.
Any dispute arising out of or relating to these Terms or³⁴ your use of the Website shall be subject to the exclusive jurisdiction of the state and federal courts located³⁵ in [Your County, Your State].

16. Entire Agreement

These Terms constitute the entire agreement between you and [Your Company Name] regarding your use of the Website and supersede all prior³⁶ or contemporaneous communications and proposals, whether oral or written.³⁷

17. Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall³⁸ remain in full force and effect.

18. Waiver

Our failure to enforce any right or provision of these Terms³⁹ shall not constitute a waiver of such right or provision.⁴⁰

19. Contact Us

If you have any questions about these Terms, please contact us at:
- Email: HeadClucker@koopscoops.com