Terms & Conditions

Terms & Conditions 

Happy Egg Co. uses specific materials to refrigerate perishable items and also uses third party delivery companies to deliver eggs to customers. Please note that you are responsible for reviewing the eggs upon delivery and inspecting all of the eggs contained within for any defects or other problems upon delivery. If you are not home when your eggs are delivered, the eggs will be left at your door or in a common area. Upon the completion of your review of the eggs, we recommend that you place all eggs in your refrigerator to ensure their integrity. The risk of loss and/or damage passes to you at the time of delivery. If you find any issues with your shipment or have concerns with your shipment, you should contact Happy Egg Co. At contact@thehappygroup.com with your name, a photo of the shipment and details regarding the concern.  

We highly recommend that you review the USDA’s instructions on safe egg handling. All items are solely at your risk from the time of delivery. As such, you are solely responsible for any preparatory steps, proper storage of the contents, and the cooking of your eggs. 
 
Per USDA recommendation, all eggs should be stored in your refrigerator at 40 degrees Fahrenheit or lower upon receipt.  

Changes to Terms of Use 

Happy Egg Co. shall have the right to modify these Terms of Use at any time, which modification shall be effective immediately following Happy Egg Co.’s posting of such change on the Website. We recommend that you check the Website regularly for any such changes. Your use of the Website following such posting shall be deemed to constitute your acceptance of such modification. 

Use of this Website 
Access, distribution and/or use of this Website is subject to all applicable laws and regulations. To the extent that access, distribution and/or use of this Website would be deemed illegal by applicable law, such access, distribution and/or use is prohibited. You agree to comply with all applicable laws in connection with your use of the Website and your participation in any Happy Egg Co. offerings. 

You agree that you will not (i) interfere with the Website and/or the servers or networks connected to same; (ii) “frame” or “mirror” any part of the Website without Happy Egg Co.’s prior written authorization; (iii) use metatags or code or other devices containing any reference to any Happy Egg Co. offerings in order to direct any person to any other website for any purpose; and/or (iv) modify, translate, decompile, disassemble, or reverse engineer any software available through the Website or otherwise used in connection with Happy Egg Co.’s offerings. 

Use of Materials 
Materials on this Website, including but not limited to sound recordings, videos, images, logos, trademarks and other works (collectively, the “Materials”), are protected under various intellectual property laws and owned or controlled by Happy Egg Co., or used with permission of the owner(s) of such Materials. The display of Materials on this Website does not imply that a license of any kind has been granted to you.  You agree that you will not remove any copyright, trademark or other proprietary rights notices contained on the Website. 

Except as otherwise indicated on this Website, copying, reproducing, uploading, downloading, transmitting or any other use of this Website or of any of the Materials, in whole or part, without the express permission of Happy Egg Co., is prohibited. You may download digital files only where expressly permitted. Any unauthorized access to, use or copying of this Website and/or the Materials may subject you to liability under applicable law, and may result in legal action. 

Privacy 
Please see Happy Egg Co.’s Privacy Policy for information concerning the collection and use of personal information from this Website. 

Promotions, Sweepstakes, Contests 
On occasion Happy Egg Co., or certain advertisers or suppliers, may elect to conduct certain promotions, sweepstakes or contests (collectively, “Promotions”) on this Website. Each such Promotion may have specific rules and regulations which will be made available to users and which shall be deemed incorporated in and become a part of these Terms of Use. By participating in any Promotion, you are deemed to have accepted the rules and regulations for that Promotion, and to have agreed to abide and be bound by them. 

Links 
From time to time, the Happy Egg Co. Website may contain links to other websites that are not controlled and/or maintained by Happy Egg Co.. Access to and use of such other websites is at your own risk and subject to any terms of use and privacy policies which govern such websites. By providing such links, Happy Egg Co. shall not be deemed to endorse, recommend, approve, guarantee or introduce any third parties or their services or products, or any facts, views, advice, information, promotions and/or products found on such websites. Happy Egg Co. is not responsible for the content contained on any such websites, or for the failure of any product or service offered for sale or advertised on any such websites or for any damages that may result therefrom. Copyrights in the materials or information on the linked websites are owned by other organizations. Moreover, such other websites may have privacy policies or terms of use of use that differ from those of the Happy Egg Co. Website and/or may provide their users with less security than the Happy Egg Co. Website. 

Limitation of Liability and Use Disclaimer 
Happy Egg Co. endeavors to make sure that all information and data it originates on the Website is accurate. However, Happy Egg Co. is not responsible for any damages or loss related to the use of this Website. 

THIS WEBSITE, ALL MATERIALS CONTAINED ON THIS WEBSITE, AND ALL LINKS OR OTHER ITEMS RELATED THERETO ARE TRANSMITTED AND DISTRIBUTED “AS IS” AND WITHOUT REPRESENTATIONS, WARRANTIES AND/OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THAT THE WEBSITE, ITS FEATURES AND FUNCTIONS WILL BE AVAILABLE FOR USE OR WORK AS DESCRIBED. THERE ARE NO REPRESENTATIONS WARRANTIES AND/OR CONDITIONS REGARDING TITLE, SECURITY, ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE WITH RESPECT TO THE WEBSITE OR THE MATERIALS CONTAINED HEREON. ANY INFORMATION CONTAINED WITHIN OR ON THIS WEBSITE IS SUBJECT TO AMENDMENT, REVISION OR UPDATING. HAPPY EGG CO. RESERVES THE RIGHT TO SUSPEND OR WITHDRAW ACCESS TO THE PAGES OF THIS WEBSITE WITHOUT NOTICE AT ANY TIME AND ACCEPTS NO RESPONSIBILITY FOR THESE PAGES NOT BEING AVAILABLE AT ALL TIMES. HAPPY EGG CO. SHALL NOT BE LIABLE FOR ANY ALLEGED DAMAGE OR INJURY, INCLUDING BUT NOT LIMITED TO ANY COMPENSATORY, PUNITIVE, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, SPECIAL AND/OR ANY OTHER DAMAGES THAT RESULT FROM YOUR USE OR INABILITY TO USE OR ACCESS THIS WEBSITE OR FROM ANY MATERIALS CONTAINED HEREON OR FROM ANY COMPUTER VIRUS, MALFUNCTION OR OTHER FAILURE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, IN WHICH CASE THE ABOVE LIMITATION MAY NOT APPLY TO YOU. 

HAPPY EGG CO. MAKES NO WARRANTIES OR REPRESENTATIONS OR CONDITIONS ABOUT THE ACCURACY OF THE SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR (I) MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER FROM ACCESS TO, REPRODUCTION, DISTRIBUTION AND/OR USE OF THIS WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO, REPRODUCTION, DISTRIBUTION OR USE OF HAPPY EGG CO.’S SECURE SERVER AND/OR ANY PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREON, (IV) ANY INTERRUPTION OF OR CESSATION OF THE SITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE WHICH MAY BE TRANSMITTED VIA THE SITE AND/OR BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR ANY LOSS OF TRANSMITTED INFORMATION OR DATA, OR DAMAGE THAT IS THE RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE BY OR THROUGH THE WEBSITE. 

You are responsible for undertaking suitable precautions to scan for computer viruses and maintaining a backup of all data and/or equipment. 

Happy Egg Co. is not responsible for any damages or loss related to your reliance on any outdated version of these Terms of Use, including, but not limited, to any outdated version of our Privacy Policy. 

Certain jurisdictions prohibit the limitation of liability for certain types of damages or prohibit waivers against future fraud, and accordingly, such limitations or waivers may not apply to you. In such jurisdictions, Happy Egg Co.’s liability is limited to the greatest extent allowable under applicable law. 

Indemnity 
You will indemnify Happy Egg Co., and each of its parent, subsidiary and affiliated entities, furnishing entities, officers, directors, members, employees, representatives, licensees, agents, successors, assignees and partners, from and against any and all claims, demands, losses, liabilities, damages, costs and expenses (including but not limited to attorneys’ fees) relating to, or arising from or in connection with: (i) your breach or alleged breach of any of your representations and/or warranties set forth in these Terms of Use; (ii) your use of the Website; and/or (iii) any violation of these Terms of Use. You agree that your representations and warranties, and your obligation to indemnify Happy Egg Co., shall survive beyond any term that these Terms of Use are in effect. 

Electronic Communications 
When you communicate with Happy Egg Co. electronically, via email or otherwise, you consent to receive electronic communications from Happy Egg Co.. You agree that all communications (including, but not limited to all notices, agreements and disclosures) provided to you electronically by Happy Egg Co. satisfy any legal requirement that such communication be in writing. Happy Egg Co. encourages you to retain your own copies of relevant information, however, upon your written request, Happy Egg Co. will provide you with a copy of the information you provided to Happy Egg Co. when creating your Member account. To make such a request please contact contact@thehapppygroup.com 

With respect to all communications you make to or through the Website, including but not limited to feedback, questions, comments, suggestions and the like: (i) you shall have no right to confidentiality in your communications and Happy Egg Co. shall have no obligation to protect your communications from disclosure; (ii) Happy Egg Co. shall be free to reproduce, use, publish, display, disclose and distribute your communications to others without limitation; and (iii) Happy Egg Co. shall be free to use any ideas, concepts, know-how, information, data content or techniques contained in your communications for any purpose whatsoever, including but not limited to the development, production and marketing of products and services that incorporate such information.