Welcome to the HONCHOS™ website.  www.wehonchos.com and shop.wehonchos.com are owned and operated by Deep River Snacks, which also operates www.deepriversnacks.com.  By accessing or using the websites or blogs (“Sites”) provided by Deep River Snacks or our subsidiaries or other affiliates (“Deep River Snacks,” “HONCHOS,” “we,” “us” or “our”) that link to these Terms, you agree that you have read and understood these Terms and our Privacy Policy, and agree to be bound by all of them. If you do not agree to these Terms, you may not access or use the Sites or order, receive, or use the products made available through the Sites (“Products”).

Deep River Snacks reserves the right to change or modify these Terms at any time. By continuing to access or use the Sites or order, receive or use Products, you confirm your acceptance of the revised Terms and all of the terms incorporated therein by reference. We encourage you to review the Terms frequently to ensure that you understand the terms and conditions that apply when you access or use the Sites or order, receive or use the Products. If you do not agree to the revised Terms, you may not access or use the Sites or order, receive or use the Products.

 

Registration, Account, and Communication Preferences

To access and use certain areas or features of the Sites, you will need to register for a HONCHOS account. By creating an account, you agree to provide accurate account information, maintain your account information, maintain the security of your account credentials, be responsible for the acts or omissions of any third party who has authority to access or use the Sites on your behalf, and immediately notify us if you discover or otherwise suspect any security breaches related to the Sites or your account.

By creating a HONCHOS account, you also consent to receive electronic communications from Deep River Snacks/HONCHOS via email or by posting notices to the Sites. These communications may include notices about your account, payment authorizations, password changes, transactional information, newsletters, special offers, surveys and other news and are part of your relationship with us. You may opt out of receiving promotional emails at any time by following the unsubscribe instructions provided within the message but you may not opt out of any messages related to your account or transactions. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy.

Returns, Replacements, Refunds, and Credits

If you are dissatisfied with a Product for any reason, please contact us at headhoncho@wehonchos.com within seven (7) days of the date you received the delivery. Depending on the circumstances, we may, at our sole discretion, replace the Product(s) at our expense, or provide you a full or partial refund of the purchase price.

We may require the return or photographic documentation of any damaged or affected Product that you are dissatisfied with before we provide you a refund or replacement.

Any Subscription Box that has been marked as “processed” or “shipped” cannot be refunded. You are responsible for all charges, including applicable taxes and other miscellaneous charges, incurred with any order processed prior to the cancellation of your Subscription Box plan. You can easily cancel your subscription at any time. There are no cancellation fees, though no refunds are provided for prorated periods.

 

License to Access and Use Our Sites and Content

Unless otherwise indicated in writing by us, the Sites and all content and other materials contained therein, including, without limitation, the Deep River Snacks/HONCHOS logos and all designs, text, graphics, pictures, information, data, software, sound files, user content, other files and the selection and arrangement thereof (collectively, “Content”) are the proprietary property of Deep River Snacks and HONCHOS, or our licensors or users, and are protected by U.S. and international copyright laws.

These Terms do not include any right to sell or use commercially the Sites or Content, distribute or publicly display any Content, modify or make any derivative uses of the Sites or Content, use any data mining, robots or similar data gathering or extraction methods, download (other than the page caching) any portion of the Sites or Content, except as expressly permitted by us, and use the Sites or Content other than for their intended purposes. Any use of the Sites or Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated by us, nothing in these Terms shall be construed as conferring any right or license to any patent, trademark, copyright or other proprietary rights of Deep River Snacks, HONCHOS, or any third party. This license is revocable at any time.

 

Trademarks

The Deep River Snacks and HONCHOS logos, names, and any other Product or service that may appear on the Sites or Products are trademarks of Deep River Snacks and HONCHOS and may not be copied, imitated or used. You may not use any metatags or other “hidden text” utilizing “Deep River Snacks,” “HONCHOS,” or any other name, trademark or Product or service name of Deep River Snacks/HONCHOS. In addition, the design of the Sites and Products may not be copied, imitated or used.

 

Third Party Content

We may display content, advertisements and promotions from third parties through the Sites or in shipments with Products (collectively, “Third Party Content”). We do not control, endorse or adopt any Third Party Content, and we make no representations or warranties of any kind regarding such Third Party Content, including, without limitation, regarding its accuracy or completeness. You acknowledge and agree that your interactions with third parties providing Third Party Content are solely between you and such third parties.

 

User Conduct and Content

HONCHOS/Deep River Snacks does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Deep River Snacks/HONCHOS acts as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, we reserve the right to block or remove communications or materials that it determines to be abusive, defamatory, fraudulent, deceptive, misleading, in violation of a copyright, trademark or other intellectual property right of another, and/or offensive or otherwise unacceptable to Deep River Snacks/HONCHOS.

 

Indemnification

By using this Site, our Services, or supplied Products, you agree to indemnify, hold harmless and defend Deep River Snacks, HONCHOS, its affiliates and subsidiaries, and any of their respective managers, shareholders, members, directors, officers, employees, agents, vendors, and/or suppliers from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys’ fees, resulting directly or indirectly from a claim by a third party that arises in connection with use of this Website, Services, or Products by you or any other person accessing the Website using your member login account.

 

Limitation of Liability

Deep River Snacks, HONCHOS, its affiliates and subsidiaries, and any of their respective managers, shareholders, members, directors, officers, employees, agents, vendors, and/or suppliers will not be liable to you or any third party for any economic damages arising from the use or performance of the website or the delay or inability to use the website, including but not limited to direct, indirect, incidental, special, and consequential damages, including, without limitation, damages for loss of use, loss of data, loss of goodwill, loss of profits, work stoppage, accuracy of results, or computer failure or malfunction.

 

Modifications to the Sites and Products

We reserve the right to change any and all Content and to modify, suspend or stop providing access to the Sites (or any features or functionality of the Sites) and the Products at any time without notice and without obligation or liability to you. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier, vendor or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by us.

We continually test new features, functionalities, services, user interfaces and products that we are considering incorporating into our Sites or Products. We reserve the right to include or exclude you from these tests without notice.

We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, the Sites (or any features or parts thereof) or the provision of the Products at any time.

We reserve the right to terminate your right to access or use the Sites and to order, receive and use the Products, at any time and for any reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us, to the fullest extent permitted by applicable law.