Effective: 12/01/2018

These Terms and Conditions are entered into by and between you and Kids Faith Krate, LLC (the “Company”, “we” or “us”). By using www.kidsfaithkrate.com (the “Website”) or confirming a subscription on the Website, you agree to be legally bound and abide by the following terms and conditions, together with any other documents expressly incorporated herein, (collectively, these “Terms”), which govern your access to and use of the Website, including any content, functionality, and goods or services offered on or through the Website. If you do not want to agree to these Terms, you must not access or use the Website.

This Website and any subscriptions are offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes.

I. Krate Subscriptions

The Company provides a subscription service for the monthly delivery of a craft box for you and your children that includes instructions and necessary materials for creating fun, faith-based crafts (a “Krate”). To begin your subscription, you must create your personal account (an “Account”), by providing your email address and a password (your “Login Information”). You will then have access to the Website and can confirm your subscription through your Account.

II. Your Information; Privacy Policy

Any communications with or information you provide to the Company is subject to the Privacy Policy on the Website. It is your duty to review the Privacy Policy before continuing to use this Website or complete a subscription for a Krate. By using the Website, you acknowledge and agree to the Privacy Policy and the terms contained therein.

III. Intellectual Property and Proprietary Rights

The Krates, along with all crafts, materials, and instructions contained therein, and all text, images, designs, logos, and any other content contained in the Krates or on the Website (together, the “Content”) are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Any information or content you or another person submits to the Company or on the Website is property of the Company, and the Company has the right to delete, amend, or use such information for marketing or any other purpose without any compensation or attribution to you. All rights not expressly granted in these Terms are reserved by the Company.

You must not modify, copy, or delete any Content from the Krates or this Website. You must not access or use for any commercial purposes any Content or part of the Krates and Website.

The name Kids Faith Krate, LLC, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

Your comments and suggestions to the Company are appreciated but not accepted by the Company unless specifically requested by the Company. Therefore, any submitted suggestions will be property of the Company and you relinquish any rights to such information immediately upon delivery. The Company may disclose or use such information, at its sole discretion, in any way and for any reason without notice to you.

IV. Disclaimers

You agree to and assume all risk and responsibility associated with your use of the Website, a Krate, or any related subscription, product, or information provided by the Company, including you and your child’s use of a Krate and any materials contained therein.

WARNING: Choking Hazard: Krates may contain small items not intended for children under three (3) years of age. You agree and acknowledge that the Krates are not intended for use by children under the age of three (3) years and may contain small items.    

Krates may also include other items related to crafts that could pose a hazard to a child older than three (3) years of age. The Company may include additional warnings on specific Krates and included materials when required by applicable laws and regulations.  You agree and acknowledge that you will read all warnings included on or in the Krates and will take all precautions necessary to protect your child.

The Krates, the Website, and all related materials and information are provided to you on an “as-is” basis without warranty of any kind, whether express or implied, including but not limited to implied warranties of merchantability or fitness for a particular purpose.

The Company does not make any representations or warranties regarding the use of any other websites, including any sites linked from the Website, or any products or information contained on such sites. If implied warranties may not be disclaimed in your jurisdiction, any such implied warranties are limited in duration to the period required by applicable law.

V. Limitation of liability

In no event will the Company, its affiliates or their licensors, service providers, employees, agents, officers or directors be liable to anyone for dmages of any kind, arising out of or in connection with the Krates, the Website, any websites linked to or from it, any content in the Krates or on the Website, or any services or items obtained through the Website, including direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable or if the Company has been advised of a possibility of any such damages. The foregoing does not affect any liability which cannot be excluded or limited under applicable law.

VI. Limitation on Time to File Claim

Any cause of action or claim you may have arising out of or relating to the Krates, the Website, or these terms must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.

VII. Indemnity

You agree to indemnify and hold harmless the Company, its affiliates, licensors and service providers, along with its respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns, from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) occurring from or related to the use or misuse of the Krates or the Website, a violation of these Terms, or violations of any rights of a third party or other users of the Website. You agree that the Company may assume the exclusive defense and control of any matter subject to indemnification by you and that you will cooperate in asserting any available defenses.

VIII. Geographic Restrictions

The Website and the Krates are provided for use only by persons located in the United States. We make no claims that the Krates, the Website, or any related Content are accessible or appropriate outside of the United States. If you access the Website from outside the United States, you are responsible for compliance with local laws and agree that the Krates may not be available to you.

IX. Shipping; Risk of Loss

Krates and any other products purchased from the Website will be delivered to and shipped by a third-party carrier. Therefore, once the Company delivers such products to the carrier, all title and risk of loss passes to you and the Company will not be liable for any subsequent damages or losses.

If you believe all or part of your Krate is missing or damaged, you must notify us within 30 days of receipt. If the Company determines, in its sole and absolute discretion, that the Company is at fault for the missing or damaged part, the Company may decide to either replace the missing or damaged parts of the Krate or send you a whole new Krate.

X. Quantity Limitations; Cancellation

The Company does not guarantee quantities of any Krate, subscription, or other product offered on the Website and has no obligation to meet your requirements. The Company may limit the quantities purchased by you or other subscribers, including after any orders have been processed, at any time without notice to you. Occasionally, certain information on the Website may be inaccurate or outdated, including pricing, quantity, or typographical errors. The Company will correct such information as soon as possible and will not be liable for damages related to such information.

You may cancel your subscription by sending notice to the Company through the contact information at the bottom of these Terms. For the month such notice is received by the Company, you will be billed and receive your final Krate, and your cancellation will be effective beginning the following month. Your subscription will continue to automatically renew each month until you cancel.

The Company reserves the right to revoke your Account and terminate any subscription for any reason and at any time without notice to you. No paid subscription fees will be refunded under any circumstances.

XI. Miscellaneous

A. Taxes

When you make a purchase from the Company, including through the Website, the Company may also charge you local sales tax, VAT, or similar tax amounts when applicable.

B. Governing Law; Jurisdiction

All matters relating to the Krates the Website, or these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, the Krates, the Website, or these Terms shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas in each case located in the City of Amarillo, Texas, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by and to venue in such courts.

C. Force Majeure

The Company will not be liable for any delayed or failed shipment of a Krate, or any related damages, due to causes beyond the Company’s reasonable control, including but not limited to, acts of God, acts of civil or military authority, fires, riots, embargoes, technology failures (including communication or internet failures), and cyber attacks.

D. Waiver

No waiver of by the Company of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

E.  Severability

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

XII. Contact Information

This Website is operated by Kids Faith Krate, LLC. All feedback, comments, requests for cancellation, technical support, copyright infringement claims, and other communications relating to the Website should be directed to: customerservice@kidsfaithkrate.com.