Terms of sale

ROOSTY’S TERMS OF SALE

THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.

THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, UNLESS YOU OPT OUT.

BY PLACING AN ORDER FROM THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.

YOU MAY NOT ORDER OR OBTAIN PRODUCTS FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH ROOSTY’S LLC, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.

These terms and conditions (these “Terms”) apply to the purchase and sale of products and services through the Roosty’s website located at roostys.co (the “Site”). These Terms are subject to change by Roosty’s LLC (referred to as “Roosty’s,” “us,” “we,” or “our” as the context may require) without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Site, and you should review these Terms before purchasing any product or services that are available through this Site. Your continued use of this Site after a posted change in these Terms will constitute your acceptance of and agreement to such changes.

1. ORDER ACCEPTANCE AND CANCELLATION

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Roosty’s LLC reserves the right at any time after receipt of your order to accept or decline your order for any reason.

Your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us, or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, including, without limitation, if the product or service ordered is unavailable, if there is an error in the price or the product description posted on the Site, or if we identify an error in your order.

After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered (the “Order Confirmation”). The Order Confirmation constitutes acceptance of your order. No contract for the sale of products or services is formed between you and Roosty’s until you receive the Order Confirmation from us.

2. NO VETERINARY ADVICE; ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

The material on the Site is provided for general informational purposes only and is not intended as veterinary advice or as a substitute for professional veterinary care. The statements made on this Site have not been evaluated by the Food and Drug Administration. Our products are intended to support poultry health and wellness but are not intended to diagnose, treat, cure, or prevent any disease in animals. You should consult a qualified veterinarian before using any product on your flock, particularly if your animals are experiencing health issues.

We have made every effort to display as accurately as possible the colors and images of our products that appear on the Site. We cannot guarantee that your computer monitor’s display of any color will be accurate. This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.

Roosty’s does not guarantee specific results from the use of our products. Actual outcomes may vary depending on a variety of factors unique to your flock, including breed, age, health, diet, environment, and management practices.

3. PRICES AND PAYMENT TERMS

(a) Prices. All prices posted on the Site are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed. Prices do not include taxes, shipping, or handling charges unless otherwise stated. We are not responsible for pricing, typographical, or other errors in any offer by us, and we reserve the right to cancel any orders arising from such errors.

(b) Payment Terms. Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. We accept Visa, Mastercard, American Express, Discover, Diners Club, PayPal, Shop Pay, and Venmo for all purchases. You represent and warrant that (i) the payment information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such payment method for the purchase, (iii) charges incurred by you will be honored by your payment provider, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.

4. SUBSCRIPTION RENEWALS

If you enroll in a Subscribe and Save subscription plan, you will automatically be charged on a recurring basis for your ongoing subscription. Each recurring charge will occur on the same calendar date as your initial purchase date, based on the frequency you selected at the time of purchase (for example, if you purchased a monthly subscription on March 24th, you will be billed on April 24th, May 24th, and so on). To cancel your subscription, you must log in to your account and cancel before your next scheduled billing date.

YOUR SUBSCRIPTION WILL CONTINUE UNTIL YOU CANCEL. IF YOU DO NOT CANCEL YOUR SUBSCRIPTION PRIOR TO YOUR NEXT SCHEDULED BILLING DATE, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AND PAYMENT WILL BE AUTOMATICALLY PROCESSED USING THE PAYMENT METHOD ON FILE.

All cancellation requests received after your scheduled billing date will apply to the following subscription period; you will not receive a refund for the current period’s charge solely on the basis of a late cancellation. We may refuse to renew any subscription in our sole discretion.

5. SHIPMENTS; DELIVERY; TITLE AND RISK OF LOSS

(a) We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Orders of $65 or more may qualify for free shipping, subject to the terms and conditions displayed on the Site at the time of your order.

(b) Title to and risk of loss of all products shall pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

6. RETURNS AND REFUNDS

(a) Satisfaction Guarantee. If you are not satisfied with the results of your purchase after consistent use, you may request a full refund within ninety (90) days of placing your order by emailing us at hello@roostys.co. We do not require you to return the product to receive a refund under this guarantee. We may contact you to confirm proper product usage before processing your refund.

(b) Returns of Unused Items. We accept returns of unopened, unused products in their original packaging within ninety (90) days of delivery. To initiate a return, email us at hello@roostys.co with your order number. Opened or used consumable products are not eligible for return but are covered under the Satisfaction Guarantee set forth in Section 6(a).

(c) Damaged, Defective, or Incorrect Orders. If you receive a damaged, defective, or incorrect product, you must contact us at hello@roostys.co within seven (7) days of delivery with your order number and a photograph of the damaged or incorrect item. Upon verification, we will, at our option, send a replacement or issue a full refund. Roosty's will cover all return shipping costs for verified damaged, defective, or incorrect items.

To prevent abuse of this policy, we reserve the right to refuse a refund request from any customer who has exhibited a pattern of repetitive refunds. For purposes of this Section, a “pattern of repetitive refunds” means requesting more than two (2) refunds within any twelve (12) month period.

Refunds are processed within approximately fifteen (15) business days after we approve your request; however, we do not guarantee that refunds will be processed within this time period. Refunds will be credited back to the same payment method used to make the original purchase.

7. DISCLAIMER OF WARRANTIES

EXCEPT WHERE INAPPLICABLE OR PROHIBITED BY LAW, INCLUDING IN THE STATE OF NEW JERSEY, THE SITE AND THE PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE EXPRESSLY SET FORTH HEREIN. EXCEPT AS SPECIFICALLY PROVIDED IN THESE TERMS, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ROOSTY’S EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ROOSTY’S DOES NOT WARRANT THAT THE SITE, ITS SERVERS, OR EMAIL COMMUNICATIONS SENT FROM ROOSTY’S ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ROOSTY’S WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR FROM ANY PRODUCTS PURCHASED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. CERTAIN STATE LAWS, INCLUDING THE LAWS OF THE STATE OF NEW JERSEY, DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

8. LIMITATION OF LIABILITY

EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, SUCH AS NEW JERSEY, YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL ROOSTY’S, ITS OFFICERS, EMPLOYEES, DIRECTORS, SERVICE PROVIDERS, SUPPLIERS, AGENTS, OR OTHER REPRESENTATIVES (COLLECTIVELY, “ROOSTY’S PARTIES”) BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE, THE SITE; (2) THE USE OF, OR THE INABILITY TO USE, ITEMS PURCHASED ON THE SITE; OR (3) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR ITEMS. IN NO EVENT WILL ROOSTY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID ROOSTY’S IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

BECAUSE SOME JURISDICTIONS (INCLUDING, WITHOUT LIMITATION, THE STATE OF NEW JERSEY) PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU, AND IF YOU ARE A USER FROM SUCH JURISDICTIONS, THE FOREGOING SECTIONS TITLED “DISCLAIMER OF WARRANTIES” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF SUCH JURISDICTION. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF SUCH JURISDICTION, THE INVALIDITY OF SUCH PORTION WILL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS. IF YOU ARE DISSATISFIED WITH YOUR USE OF THIS SITE, WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for damages. Accordingly, some of these limitations may not apply to you. If you are located in New Jersey, the limitations in this Section do not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or condition or guarantee or limit liabilities, the scope and duration of such warranty or condition or guarantee and the extent of our liability will be the minimum permitted under such applicable law.

9. GOODS NOT FOR RESALE OR EXPORT

You agree that all products purchased from the Site are intended solely for your personal or household use. You shall not purchase products for the purpose of resale, commercial distribution, or export to other countries. You may not resell, redistribute, or otherwise make available any products purchased from the Site to any third party for commercial purposes.

You are responsible for complying with all applicable federal, state, local, and international laws, regulations, and rules governing the purchase, possession, and use of products ordered through the Site. By placing an order, you represent and warrant that your purchase complies with all such applicable laws and that the products will not be shipped, transferred, or exported to any country, territory, or individual prohibited by applicable export control laws or trade sanctions.

10. PRIVACY

Our Privacy Policy, located at https://roostys.co/policies/privacy-policy, governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site. By placing an order or otherwise using the Site, you acknowledge that you have read and understood our Privacy Policy and consent to the collection, use, and disclosure of your personal data as described therein. We encourage you to review the Privacy Policy periodically for any updates or changes.

11. FORCE MAJEURE

Roosty’s shall not be liable for any delay or failure to perform any of its obligations under these Terms if such delay or failure results from events, circumstances, or causes beyond its reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, national emergency, revolution, insurrection, pandemic, epidemic, lockouts, strikes or other labor disputes (whether or not relating to Roosty’s workforce), carrier delays, material shortages, telecommunication breakdown, or power outage. Performance obligations subject to any such event shall be suspended for the duration of such event, and Roosty’s shall use commercially reasonable efforts to resume performance as soon as practicable after the event has concluded.

12. GOVERNING LAW AND JURISDICTION

All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Wyoming without giving effect to any choice or conflict of law provision or rule (whether of the State of Wyoming or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Wyoming.

13. DISPUTE RESOLUTION AND BINDING ARBITRATION

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

(a) Binding Arbitration. You and Roosty’s agree that, except for (i) claims related to intellectual property and (ii) any claims that may be brought in small claims court where the amount in controversy is properly within the jurisdiction of such court (collectively, “Excluded Claims”), any controversy or claim arising out of or relating to these Terms or your relationship to Roosty’s as a customer, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory (the “Covered Claims”), will be resolved by binding, individual arbitration. The parties further agree that the determination of the scope, enforceability, or applicability of this arbitration agreement, including any claim that all or any part thereof is void or voidable, whether a claim is subject to arbitration, and any dispute regarding the payment of administrative or arbitrator fees (including the timing of such payments and remedies for nonpayment) will be resolved exclusively by final and binding arbitration in accordance with this arbitration agreement. YOUR AGREEMENT TO ARBITRATION MEANS THAT FOR ALL COVERED CLAIMS, YOU ARE GIVING UP YOUR RIGHT TO FILE A LAWSUIT IN COURT AND THE RIGHT TO A TRIAL BY JURY. INSTEAD, YOU WILL HAVE A HEARING BEFORE A NEUTRAL ARBITRATOR.

(b) WAIVER OF CLASS ACTIONS. YOU AND ROOSTY’S AGREE THAT EACH PARTY MAY BRING DISPUTES RELATING TO BOTH COVERED CLAIMS AND EXCLUDED CLAIMS AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING, WITHOUT LIMITATION, A FEDERAL OR STATE CLASS ACTION LAWSUIT OR A CLASS ARBITRATION. If there is a final judicial determination that applicable law precludes enforcement of this paragraph’s limitations as to a particular remedy, then that remedy (and only that remedy) must be severed from the arbitration and may be sought in court. The parties agree, however, that any adjudication of remedies not subject to arbitration shall be stayed pending the outcome of any arbitrable claims and remedies. This subsection does not prevent you or us from participating in a class-wide settlement of claims.

Notwithstanding the foregoing, an arbitrator may consolidate more than one person’s claims if Roosty’s provides consent to such consolidation in writing. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief or request for relief (such as a request for public injunctive relief) and all appeals have been exhausted or the decision is otherwise final, then the parties agree that such a claim or request for relief shall be decided by a court only after all other claims and requests for relief are arbitrated.

(c) Conduct of Arbitration; Governing Rules; Informal Resolution. Arbitrations for any disputes between us relating to the Covered Claims will be administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules and the Supplementary Rules for Multiple Case Filings (collectively, the “AAA Rules”). For more information about arbitration, the AAA, and the arbitration process, please consult the American Arbitration Association website at adr.org. All issues are for the arbitrator to decide, except that issues relating to the scope, application, and enforceability of the arbitration provision, including whether any claims are Covered Claims or Excluded Claims within the meaning of this provision, are for the court to decide. As stated in Section 12, Wyoming law applies to any arbitration under this section, but the parties acknowledge that the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and, if the law allows, they can seek relief against us for you.

Prior to initiating arbitration for a Covered Claim, both parties agree that they will provide written notice of the potential claim to the opposing party setting forth: (1) the factual and legal basis for the claim; (2) contact information for the potential claimant and their counsel, if any; and (3) the remedies sought, including the amount of claimed monetary damages (the “Notice”). Such written notice shall be provided on an individualized basis. Following receipt of the Notice by the opposing party, the parties agree to make a good faith effort for at least 60 days to resolve the claim before resorting to more formal means of resolution, including, without limitation, arbitration or any court action. To provide notice of a claim to Roosty’s, write to Roosty’s LLC, 32 N Gould St, Sheridan, WY 82801.

The aforementioned informal dispute resolution process is a prerequisite and condition precedent to commencing any formal dispute resolution proceeding. The parties agree that any relevant limitations period and filing fees or other deadlines will be tolled while the parties engage in this informal dispute resolution process.

Unless you and Roosty’s agree otherwise in writing, any hearings for the arbitration will take place (i) in a location to be determined in accordance with the AAA Rules that is reasonably convenient for you and is no more than 100 miles from your home or place of business, or (ii) at another location you and we agree upon. Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules, except that if the arbitrator finds at any time that a claim was filed frivolously, for purposes of harassment, or otherwise in bad faith, then the filing party will reimburse the other party for all costs and fees, including attorneys’ fees, associated with that claim.

Judgment on the award rendered by the arbitrator may be entered in any federal or state court of competent jurisdiction located in Sheridan County, Wyoming. The arbitrator may award money or equitable relief in favor of only the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To reduce the time and expense of the arbitration, the arbitrator will not provide a statement of reasons for his or her award unless requested to do so by both parties.

(d) Mass Arbitrations. If, at any time, 25 or more similar demands for arbitration are asserted against Roosty’s or against you by or with the assistance or coordination of the same law firm or organization (a “Mass Filing”), the following procedures shall apply. The parties shall randomly select and batch the demands into groups of 10 (or fewer if fewer than 10 demands remain). Only one batch shall be filed, processed, and adjudicated at a time. Filing and administrative fees and arbitrator compensation shall be due only when a batch is designated for filing, processing, and adjudication. Following the resolution of each batch, the parties shall engage in a good faith resolution period of 180 days before the next batch is designated. The batching provision set forth in this subsection and the mediation provision set forth in subsection (e) are integral to this arbitration agreement. If a court of competent jurisdiction determines that either the batching or mediation provisions are invalid or unenforceable, then the entirety of this Section 13 shall be null and void, and the parties shall proceed in court.

(e) Mediation Following First Batch in a Mass Filing. Upon resolution of the first batch in a Mass Filing, the results shall be given to a mediator selected from the AAA. The AAA shall provide a list of five potential mediators. Each party may strike one mediator from the list and shall rank the remaining mediators in order of preference. The mediator with the highest combined ranking shall be selected. The parties shall participate in mediation for a period of 90 days (the “Mediation Period”). If the parties are unable to resolve the remaining demands during the Mediation Period, either party may opt out of this arbitration agreement by providing written notice to the other party within 30 days after the conclusion of the Mediation Period, in which case the remaining demands may proceed in court. If neither party opts out, the batching process described in subsection (d) shall continue.

(f) 30-Day Right to Opt Out. You have the right to opt out of this arbitration agreement by sending written notice of your decision to opt out to tom@roostys.co with the subject line “ARBITRATION AND CLASS ACTION WAIVER OPT OUT” and including your first and last name and the email address associated with your account. Such notice must be sent within 30 days of (a) the effective date of these Terms or (b) the first date you used the Site containing this version of the mandatory arbitration provision, whichever is later. If you opt out of this arbitration agreement, Roosty’s also will not be bound by it with respect to you.

(g) Changes to This Section. Roosty’s will provide 30 days’ notice of any material changes to this Section 13 by posting on the Site or sending you an email. Changes will become effective on the 30th day and will apply prospectively only to claims arising after the 30th day. If a court or arbitrator decides that this subsection on changes is not enforceable or valid, then this subsection shall be severed from this Section 13, and the court or arbitrator shall apply the first version of this Section 13 in existence after you began using the Site.

(h) Survival. This Section 13 shall survive the termination of your relationship with Roosty’s.

(i) Federal and State Courts in Wyoming. Except to the extent that arbitration is required under this Section 13, and except as to the enforcement of any arbitration decision or award or with respect to Excluded Claims, any action or proceeding arising out of or relating to these Terms may only be instituted in state court in Sheridan County, Wyoming or the federal court nearest to Sheridan County, Wyoming. You and Roosty’s consent to the exclusive personal jurisdiction and venue of such courts for any such action or proceeding.

14. GENERAL PROVISIONS

(a) Assignment. You may not assign or transfer these Terms or your rights or obligations hereunder, in whole or in part, without the prior written consent of Roosty’s. Roosty’s may assign or transfer these Terms, or any right or obligation hereunder, at any time without notice or consent. Any attempted assignment in violation of this Section will be null and void. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties and their respective successors and permitted assigns.

(b) No Waivers. The failure of Roosty’s to enforce any provision of these Terms shall not constitute a waiver of such provision or the right to enforce it at a later time. All waivers must be in writing and signed by an authorized representative of Roosty’s to be effective.

(c) No Third-Party Beneficiaries. These Terms do not confer any rights, remedies, or benefits upon any person or entity other than you and Roosty’s, except as expressly provided herein.

(d) Notices.

(i) To You. Roosty’s may provide notice to you by email to the address associated with your account or by posting a notice on the Site. Notices sent by email shall be deemed given when sent. Notices posted on the Site shall be deemed given upon posting.

(ii) To Us. You may provide notice to Roosty’s by personal delivery, overnight courier, or registered or certified mail, return receipt requested, to Roosty’s LLC, 32 N Gould St, Sheridan, WY 82801. Notices given by personal delivery shall be effective upon receipt. Notices sent by overnight courier shall be effective one (1) business day after deposit with the courier. Notices sent by registered or certified mail shall be effective three (3) business days after mailing.

(e) Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be severed, and the remaining provisions shall continue in full force and effect.

(f) Entire Agreement. These Terms, together with the order confirmation and the Privacy Policy, constitute the entire agreement between you and Roosty’s with respect to the subject matter hereof and supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written, relating to such subject matter.