TERMS OF USE

This website (“Site”) is owned and operated by Hatcheri Capital, Inc, a California Company (“Hatcheri Capital,” “we,” “our,” or “us”). These Terms of Use apply to any access or use of the Site by you (“you,” “your,” or “User”). By accessing, browsing, or otherwise using the Site, you agree to be legally bound by these Terms of Use—and further acknowledge consent to our collection and use of information as set forth in the Privacy Policy. PLEASE READ THESE TERMS OF USE CAREFULLY. YOUR USE OF THE SITE CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS OF USE. DO NOT USE THE SITE IF YOU ARE UNWILLING OR UNABLE TO BE BOUND BY THE TERMS OF SERVICE. Please check back periodically as the Terms of Use may change from time to time.

License to Use the Site

We grant you a personal, limited, nonexclusive license to access and use the Site, its contents, or any part of them (individually and collectively, the “Site Content”) for your personal, individual, non-commercial, and non-automated use only. You may not access or use the Site except for these express purposes and as expressly allowed by these Terms of Use.

Restrictions on Use

You are responsible for your access or use of the Site.

Without limitation to the generality of the rest of these Terms of Use, you may not sell, re-distribute, re-publish, re-transmit, display publicly, modify, create derivative works from, or otherwise exploit the Site, its contents, or any part of them (individually and collectively, the “Site Content”). You also may not access or use the Site through any automated or non-human means, such as through bots, spiders, scripts, or software; you may not access or use the site for purpose of scraping, harvesting, mining, or other data extraction; and you may not access or use the site for any interference, disruption, or other illegal or unauthorized purposes, such as interference with the Site’s operations or interference with access to the Site and such as through viruses, Trojan horses, worms, time bombs, cancelbots, or other such applications.

You may request additional permissions to use any Site Content by contacting us as described on the Site. In making any such request, you represent and warrant that all information and statements you provide to us are true and accurate and that you are authorized to act on behalf and to bind any organization on whose behalf you may be requesting permissions. You may make no use of the Site Content not expressly allowed in these Terms of Use until and unless we contact with you and grant additional permissions—and then only exactly in line with any such permissions. If not expressly stated otherwise in our grant of any such additional permissions, our grant of any such permissions is revocable at any time by us and expires six months after the date of the grant. Additionally, if granted any such permissions, you represent and warrant that your use of any permitted Site Content will not violate any applicable law, rule, or regulation, violate the rights of any third party (including without limitation by defamation or violating any rights or publicity or privacy).

Additionally, you may not access or use the Site through any automated or non-human means, such as through bots, spiders, scripts, or software; you may not access or use the site for purpose of scraping, harvesting, mining, or other data extraction; and you may not access or use the site for any interference, disruption, or other illegal or unauthorized purposes, such as interference with the Site’s operations or interference with access to the Site and such as through viruses, Trojan horses, worms, time bombs, cancelbots, or other such applications.

Your Messages, Requests, or Other Comments or Content to or for Us

The Site may provide you with the ability to contact us through e-mail addresses, contact forms, or other means. To the extent that you do so and send along any ideas, input, feedback, or anything of similar nature, you grant us a perpetual, irrevocable, nonexclusive, royalty-free license to use any such ideas, input, feedback, or anything of similar nature to change our existing products or services, to develop new products or services, or otherwise in our business.

Risk of Loss

All items purchased from the online store on and accessible through the Site are made pursuant to a shipment contract. The risk of loss and title to items pass to the purchaser upon our delivery of the items to the carrier.

Indemnity YOU AGREE TO DEFEND AND INDEMNIFY US FOR ANY CLAIMS RESULTING FROM OR RELATING IN ANY WAY TO YOUR BREACH OF ANY PROVISION OF THESE TERMS OF USE AND YOUR USE OF THE SITE OR ANY SITE CONTENT.

Disclaimer of Warranties and Limitation of Liability WE PROVIDE THE SITE (INCLUDING WITHOUT LIMITATION ANY AND ALL SITE CONTENT) “AS IS,” WITHOUT WARRANTY OF ANY KIND; AND TO THE MAXIMUM EXTENT ALLOWED BY LAW, WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY REGARDING THE PROVISION OF THE SITE AND ANY CONTENT ON IT—INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT ALLOWED BY LAW, WE AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS, DATA, USE, OR GOODWILL) RESULTING OR RELATING IN ANY WAY TO YOUR ACCESS OR USE OF (OR INABILITY TO ACCESS OR USE) THE SITE (OR ANY CONTENT ON IT)—WHETHER BASED ON WARRANTY, CONTRACT, TORT/NEGLIGENCE, OR OTHER LEGAL THEORY—EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF US AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).

Changes to Terms of Use

If at some point in the future, there is a change to these Terms of Use, we will post the new Terms of Use on the Site. By continuing to access, browse, or otherwise use the Site, you agree to be legally bound by any such new Terms of Use.

Governing Law and Jurisdiction

These Terms of Use shall be interpreted under and governed by the laws of the State of California, without reference to its choice-of-law provisions. All claims arising or relating in any way to these Terms of Use must be brought solely in Sacramento, California; and with respect to any such claims, you waive any objection regarding this location being an inconvenient forum, and you consent to personal jurisdiction in the State of California.

Other Legal Terms

These Terms of Use constitute the entire agreement between you and us with respect to matters set forth in these Terms of Use and supersede any prior or contemporaneous understanding or agreement; and there are no third-party beneficiaries to these Terms of Use. These Terms of Use will bind and inure to the benefit of any assignees or successors in interest of or to you or us. Section and paragraph headings in these Terms of Use are used for convenience and reference only and in no way define, limit, extend or otherwise describe the scope or intent of these Terms of Use and may not affect the meaning or interpretation of these Terms of Use. If any provision of these Terms of Use is deemed invalid or unenforceable, that provision will be reformed and construed consistently with applicable law as nearly as possible to reflect the original intentions of these Terms of Use; and in any event, the remaining provisions of these Terms of Use will remain in full force and effect. No waiver of any of the provisions of these Terms of Use is a waiver of any other provision, whether or not similar, nor does any waiver constitute a continuing waiver.

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PRIVACY POLICY

HatcheriCapital, Inc (“Hatcheri Capital,” “we,” “our,” or “us”) is committed to protecting your privacy. This privacy Notice ("Privacy Notice") explains how Hatcheri Capital processes personal data, for what purposes, how we disclose it, and what choices you have regarding our use of information about you. This Privacy Notice applies to information collected on our website, social media pages, and applications ("Sites").

How do we collect information about you?

We may collect identifying information about you ("Personal Information") through automatic interactions with you, through submissions you make directly to us, and through third parties.

Information we collect about you through your use of sites:

We use cookies and other tracking technology which collect certain kinds of information when you interact with our websites and apps, such as IP addresses, browsing preferences and pages you have viewed, as well as information about your navigation experience (time of the visit). You can read more about these policies below.

Information you provide to us:

We collect Personal Information when you request information about us, purchase our products, register for a contest, or use an application of our company.

Information we receive from third parties:

We work closely with third parties (for example, business partners, affiliates of Hatcheri Capital, advertising networks, payment processors, and analytics providers) and may obtain information about your shopping habits in order to better customize our products to you.

What type of information is collected about you?

We may collect the following information about you:

  • Name and contact data. Your first and last name, email address, home or business address, phone numbers.

  • Demographic data. Data about you such as your age, gender, country, and preferred language.

  • Payment data. Payment card number and related information such as expiration date and any required codes.

  • Images and videos. Any images, videos and personal stories that you may provide as a result of your use of Sites.

  • Location data. Data about your location which can be precise or imprecise. For example we collect location data about nearby cell towers and hotspots as well as zip code data which provides a less precise locations.

  • Feedback and ratings. Any information that you provide to us about our Sites.

  • Credentials Passwords, password hints, and other security information used for authentication.

How is information collected about you used?

We use personal information about you for the following purposes:

  • To provide you with our Sites, products or information you asked for;

  • To improve and develop our Sites and products;

  • To administer contests and promotions for which you signed up;

  • To personalize our products and Sites and make recommendations to you;

  • To allow you to participate in our loyalty program;

  • To address Sites integrity or security issues;

  • To send you updates about our Sites;

  • To facilitate and otherwise address certain inquiries or requests regarding the sites, or respond to your questions or requests for information about or from Hatcheri Capital;

  • To ensure compliance with any Hatcheri Capital policies and any applicable law, regulation or order;

  • To protect the rights, property, or personal safety of another Hatcheri Capital user, website visitor, other users of the Sites, or any member of the public;

  • To operate our Sites.

With whom do we share the information that we collect?

We share Personal Information about you with third parties, as needed, to administer our website and perform our Sites, and as described in this Privacy Notice. We may share Personal Information about you with affiliates, agents, service providers, and distributors in order to administer our Sites.

We may also use and disclose certain aggregated, anonymized information, such as website usage data, to our trusted business partners. Such information may also be shared with third parties for advertising, informational, or comparison purposes. However, such information shall not be personally identifiable to any user.

What are your choices about the personal information collected?

When submitting information and interacting with our Sites, you choose which information you wish to share. Please take care to share only such information as is needed or that you believe is appropriate. Any promotional email we will send to you will contain a link which will allow you to opt out of receiving any further correspondence. If you have created an online account, you may also change your correspondence preferences by logging into your account.

You may also opt-out at any time from marketing communications by contacting us at hello@hatchericapital.com. You may disable your online account access at any time; however, this will not necessarily result in the deletion of any Personal Information.

You can also limit the use of tracking technologies, such as cookie collection which can be modified in browser settings on your device.

Use of cookies, web beacons, and Google Analytics.

Cookies are small text files placed on your device to store data that can be recalled by a web server in the domain that placed the cookie. We use cookies and similar technologies for storing and honoring your preferences and settings, enabling you to sign-in, providing interest-based advertising, combating fraud, analyzing how our products perform, and fulfilling other legitimate purposes.

We also use "web beacons" to help deliver cookies and gather usage and performance data. Our websites may include web beacons, cookies, or similar technologies from third-party service providers.

Our Sites may use Google Analytics, a web analysis service provided by Google, in order to better understand your use of our Sites and how we can improve it. Google Analytics collects information such as how often users visit our Sites, what pages you visit when you do so, and what other websites you used prior to coming to the Sites. Google Analytics collects only the IP address assigned to you on the date you visit the Sites, rather than your name or other identifying information. We do not combine the information collected through the use of Google Analytics with your personal information. Although Google Analytics plants a permanent cookie on your web browser to identify you as a unique user the next time you visit our Sites, the cookie cannot be used by anyone but Google. Google's ability to use and share information collected by Google Analytics about your visits to the Sites is restricted by the Google Analytics Terms of Service and the Google Privacy Policy. Google utilizes the data collected to track and examine the use of the Sites, to prepare reports on its activities and share them with other Google Sites. Google may use the data collected on the Sites to contextualize and personalize the ads of its own advertising network.

You can learn more about our use of cookies by reviewing our Cookie Policy below.

How do we keep personal information secure?

Hatcheri Capital takes commercially reasonable measures to secure and protect information transmitted via our Sites. Our Sites are scanned regularly for security holes and known vulnerabilities in order to make your use of our Sites as safe as possible.

Nevertheless, because no Sites are impenetrable, we cannot guarantee that information that users of the Sites may transmit or otherwise supply will be totally secure.

You can also limit the use of tracking technologies, such as cookie collection which can be modified in browser settings on your device.

How long do you keep personal information?

We hold on to different types of data as necessary to provide the products and fulfill the transactions you requested, or for another legitimate purpose such as complying with legal obligations. Because the needs vary based on different data types, retention periods may vary significantly.

For example, we may keep information about you and how you use our Sites as long as necessary for our legitimate business interests, for legal reasons, and to prevent harm as described in the “How is information collected about you used” section above.

Links to third party websites.

For your convenience, some hyperlinks may be posted on our Sites that link to other websites not under our control. We are not responsible for, and this Privacy Notice does not apply to, the privacy practices of those sites or of any companies that we do not own or control.

Changes to this privacy notice.

We may change this Privacy Notice from time to time. You should visit our website at hatchericapital.com for the most up to date version of the Notice. If we make material changes to this Notice, we will provide you with a more prominent notice ahead of the Effective Date.

Do Not Track Requests.

Certain states such as California require that we indicate whether we honor Do Not Track settings in your browser concerning targeted advertising. We do not monitor or follow any Do Not Track browser requests.

Are children allowed to use this site?

Our Sites are intended for a general audience and is not intended for use or view by children under 13 years of age without parental consent, and we do not knowingly collect information about children or sell products to children. Consistent with the Children's Online Privacy Protection Act, we will not knowingly collect any information from children under the age of 13.

Contact Us.

If you have questions about this Privacy Notice or the way in which Hatcheri Capital uses Personal Information about you, you can contact us by sending an email to hello@hatchericapital.com.

Alternately, you may contact us by mail at: Hatcheri Capital, 2450 Washington Ave, San Leandro, CA 94577.

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COOKIE POLICY

Hatcheri Capital, Inc (“Hatcheri Capital,” “we,” “our,” or “us”) makes use of cookies and tracking technologies for various reasons, including to support the operation of our Sites, to understand how you and other visitors interact on our pages and to provide advertising messages to a targeted audience. You can find more information about the usage of cookies in this Cookie Notice.

A cookie is a small piece of information sent to the hard drive of your device via a web server so that some information about your browsing activity can be collected.

We refer to the term “cookie’ for any technology collecting information from your device, such as information about your use of our applications and websites, or concerning your device such as the device ID, IP address and browser type, demographic data and if applicable the URL of the linking page.

Our use of web beacons or pixel tags allows us to count the number of visitors who have viewed our pages or read our promotional e-mail messages/newsletters. They are not used to access Personal Information about you without your consent.

Necessary Cookies: 

Such cookies are strictly necessary for the operation of a site. Without such cookie, the Sites will not function properly. These cookies do not gather any information about you that may be used for marketing or retaining where you've been on the internet. We use them to:

  • Remember information you have entered when you navigate to different pages in a single web browser session

  • Identify you as being logged in to our Sites

  • Remember the goods and services you ordered when you reach the checkout page

Performance Cookies:

Such cookies collect information in regards to your use on our Sites. The information collected is anonymous. We use them to:

  • Provide statistics on how our Sites are used

  • Determine advertising effectiveness (we do not use this information to target you when visiting other websites)

  • Help improve our Ss by measuring any errors that occur

  • Test different designs of our Sites

Functionality Cookies:

Such cookies are used to provide services or remember settings to improve your visit. We use them to:

  • Remember settings you have selected such as layout, language, or preferences

  • Remember if we have already asked you if you want to fill out a survey

  • Show you when you are logged in to our Sites

  • Share information with partners to provide a service on our Sites. The information shared is only to be used to provide the service, product or function and not for any other purpose.

Targeting Cookies:

Such cookies are linked to third party services, such as 'Like' buttons and 'Share' buttons. The third party provides these services in return for recognizing that you were a visitor to our Sites. We use them to

  • Link to social networks like Facebook, which may subsequently use information about your visit to target advertising to you on other websites

  • Provide advertising agencies with information on your visit so that they can present you with adverts that you may be interested in.

Effective: June 1, 2021