Effective Date: 12/30/2020
By visiting our Website and/or using the Services in any manner, including, but not limited to visiting, browsing, or making purchases through the site, you consent to and agree to be bound by these Terms and Conditions. If you do not agree with the Terms and Conditions, do not use this Website, the Services, or make purchases. These Terms and Conditions apply to all users of the Website and the Services, whether registered, or unregistered, including any user who contributes content, information, or other materials to the Website or Services, or users who make purchases.
By accessing or using this Website or Services, or making a purchase, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions. You acknowledge that this agreement is supported by reasonable and valuable consideration, including but not limited to, your use of the Website and receipt of data, materials, and information available through the Website. You may only use the services available on this Website, or make a purchase, if you are capable of forming a binding contract with us and are not barred from using the Website or Services under applicable law. By using the Website or Services, or making a purchase, you agree to these Terms and Conditions. If you do not agree, do not use the Website or Services, or make a purchase.
ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE “DISPUTES” SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
You represent and warrant that you (a) are above the legal age of majority in your jurisdiction of residence; (b) have not previously been suspended or removed from this Website; (c) do not have more than one (1) account at any given time for this Website; and (d) you will only provide us with true, accurate, current and complete information if you register for an account and/or Orders (defined below). If we believe or suspect that your information is not true, accurate, current or complete, we may deny or terminate your access to the Website or the services (or any portion thereof).
We also reserve the right to access, read, preserve and disclose any information or content as we reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce these Terms and Conditions, including, without limitation, the investigation of potential violations hereof; (iii) detect, prevent or otherwise address fraud, security or technical issues; (iv) respond to user support requests; or (v) protect the rights, property or safety of us, our users and the public.
You may not use any robot, spider, other automatic device or manual process to monitor or copy the Website or any content or information contained therein. You may not interfere or attempt to interfere in any manner with the proper functioning of the Website. By accessing or participating in the Website, you agree that you will not provide to Krete or the Website any viruses, worms, time bombs and/or other computer programming routines that are intended to damage, detrimentally interfere with, intercept or expropriate any system, data or information and you will not submit any content that may create liability for Krete.
To sign up for access to some or all of the Services, you must register for an account on the Services (an “Account”). You must provide accurate and complete information and keep your Account information updated. You shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a username a name that is otherwise offensive, vulgar or obscene. You are solely responsible for the activity that occurs on your Account, and for keeping your Account password secure. You may never use another person’s user account or registration information for the Services without permission. You must notify us immediately of any change in your eligibility to use the Services, breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for your Account. You have the ability to delete your Account, either directly or through a request made to one of our employees or affiliates.
The products, services, and Services available on the Website, and any samples thereof we may provide to you, are for personal, non-commercial, use only. You may not sell, resell, redistribute, export, or use for any other commercial purpose, any of the products or services, or samples thereof, you purchase or otherwise receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any orders that we believe, in our sole discretion, may result in the violation of our Terms and Conditions, or for any other reason, at our discretion. We also reserve the right to cancel or modify orders that would cause violations of local laws and regulations if purchased or processed in, or shipped to, a particular location. The rights you have under these Terms and Conditions are personal to you and are non-transferable.
Certain of our Services, including the purchase of any products offered by us, may be subject to payments now or in the future (the “Paid Services”). Please see our FAQ for a description of the current Paid Services, our shipping terms, exchange, cancellation, return, and refund policies. Please note that any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of these Terms and Conditions.
You may place an order for Paid Services at any time (subject to any planned or unplanned downtime). You may check and correct any input errors in your order up until the point at which you submit your order to us by clicking the “Pay Now” button on the checkout page. An order submitted by you constitutes a legally binding offer given by you to us to purchase the Paid Services specified in that order, subject to these Terms and Conditions, at the price and on the terms stated when you sign up or place your order. All orders are subject to acceptance by us. We reserve the right, with or without notice, to cancel or reduce the quantity of any orders that we believe, in our sole discretion, may result in the violation of our Terms and Conditions, or for any other reason, in our sole discretion. We also reserve the right to cancel or modify orders that would cause violations of local laws and regulations if purchased or processed in, or shipped to, a particular location. Your order will not be considered accepted until we have received payment of the purchase price of your order. We may send an acknowledgment of our receipt of your order to the email address you provide, after your payment for the order has been processed, so that you may print the information for your records. Our liability to fulfill the order ends upon delivering the good to the carrier. Risk of loss and title for items purchased by you pass to you upon our delivery of the items to the carrier.
Please note that we cannot offer refunds, exchanges or customer service for products that have been acquired from an unauthorized reseller, including, but not limited to, any seller on Amazon, eBay or similar online marketplaces.
We reserve the right to refuse to process any order for any reason, at our discretion, including due to suspected fraud or unauthorized or illegal activity. If such is the case, we may reject your order or our customer service department may call you at the phone number you provided to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud, unauthorized or illegal activity, or for any reason, at our discretion. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.
We attempt to be as accurate as possible when describing our Content, products and Services; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colors, shades, tones or other content available on the Website are accurate, complete, reliable, current, or error-free. From time to time there may be information on the Website that is in error, including with respect to descriptions, pricing and availability. We reserve the right to correct those errors and to change or update information at any time without prior notice (including after you have submitted your order). You acknowledge that all Content accessed by you while using the Website or Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Website or Services is or will continue to be accurate.
Our product descriptions and content are for educational and informational purposes only. We manufacture and sell cosmetics, so none of the statements on the Website have been evaluated by the U.S. Food and Drug Administration and the results reported, if any, may not necessarily occur in all individuals. We are not offering products to diagnose, treat, cure or prevent any condition or disease. The Website is not a substitute for medical advice from your own health care practitioner. Please test all products before use. While we try to make sure that all Content contained in the Services and on the Website (other than any user-generated content, if applicable) is correct, it is not intended to amount to authority or advice on which reliance should be placed. Information made available through the Services and Website is not a substitute for information from experts or professionals in the applicable area. You acknowledge that all Content accessed by you while using the Services and Website is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Services or Website is or will continue to be accurate.
Additionally, we attempt to be as accurate as possible when advertising, and publicly sharing information about Krete, and Krete’s products and services; however, to the extent permitted by applicable law, we do not warrant any information that is found off of the Krete website (www.Krete.Club), and we do not warrant any information that has not been approved by Krete. By agreeing, you fully and willfully acknowledge that any advertisement, search result, or other information that you saw in a location outside of Krete’s website, including but not limited to content relating to the company Krete, brand Krete, Krete’s products, Krete’s services, or anything relating to Krete in any capacity, are for educational and informational purposes only, and may not be fully accurate. You agree not to file suit, or seek any damages, either alone or jointly with others, or in a class action suit, to accuse Krete, in any capacity, of false advertisement, or similar claims.
We do not guarantee that any Content will be made available on the Website or through the Services. We reserve the right, but do not have any obligation, to (i) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms and Conditions), or for no reason at all and (ii) remove or block any Content from the Services or Website.
All content available on the Website, and its look and feel, including but not limited to text, information, data, illustrations, products, written posts and comments, software scripts, interactive features and other content generated, produced or otherwise made accessible on or through the Services or Website, graphics, logos, button icons, images, photographs, artwork, interfaces, audio clips, video clips, data compilations and software, and the compilation thereof (collectively, the “Content”) is the property of Krete, and is protected by United States, international and state laws, including laws governing copyrights, patents, and trademarks and unfair competition.
The trademarks, logos, and service marks displayed on the Website (collectively, the “Trademarks”) are the registered and unregistered marks of Krete in the United States and other countries, and are protected by United States and international trademark laws.
Except as set forth in the limited licenses in Section below, or as required under applicable law, neither the Content, Trademarks nor any portion of the Website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our prior written consent. Requests for permission should be directed to our California office via email at Info@Krete.Club.
This Website offers the ability to post reviews, survey responses, comments, images, audio, video, and generate other user created content, with either your account, without your account, or linked social media profile (“User Content”). If you choose to submit User Content, you grant Krete a non-exclusive, transferable, sublicenseable (through multiple tiers), fully paid, worldwide, royalty-free license to use, copy, modify (including, without limitation, your name and likeness, photographs and testimonials) for any purpose whatsoever, commercial or otherwise, publicly display and reproduce, and distribute copies of any and all portion of your content in connection with our products and services, on this Website or another, without compensation to you. You also hereby do and shall grant each user of the Website and/or the Services a non-exclusive, perpetual license to access your User Content through the Site and/or the Services, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content, including after your termination of your Account or the Services. You represent that all of the User Content submitted by you is accurate, complete, up-to-date and in compliance with all applicable laws, rules and regulations. User Content that you submit must not: (i) contain any content that infringes intellectual property rights, data protection or privacy rights of an individual; (ii) be defamatory or threatening; (iii) impersonate any person or entity; (iv) contain unauthorized advertising; or (v) transmit or distribute any virus and/or other code that has contaminating or destructive elements. We make no representations, warranties or guarantees with respect to any user generated content that you access on or through the Services. Further, it is your responsibility when generating User Content to ensure that you have all rights necessary to grant us the license rights in your User Content. You represent and warrant that no part of your User Content will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. We expand further on your representations and warrantees for all of the User Content that you submit to Krete below.
By submitting User Content to Krete and using the Website or Services, you represent and warrant that:
Krete does not endorse any User Content or any opinion, recommendation or advice expressed therein, and Krete disclaims all liability with respect to the User Content posted by third parties.
If your User Content includes ideas, suggestions, documents or proposals to Krete through the Website or Services, (a) such User Content is not confidential or proprietary and Krete has no obligation of confidentiality, express or implied, with respect thereto; (b) Krete may have something similar to that User Content already under consideration or development; and (c) you are not entitled to compensation, payment or reimbursement of any kind for such User Content from Krete under any circumstances unless you are otherwise notified by Krete in writing.
For any User Content that you submit, you grant Krete a worldwide, perpetual, non-exclusive, irrevocable, royalty-free, sublicensable and transferable right and license to use, reproduce, communicate, distribute, share, copy, modify, delete in its entirety, edit, adapt, publish, translate, publicly display, publicly perform, use, create derivative works from and/or sell and/or distribute such User Content and/or incorporate such User Content into any form, medium or technology whether now or hereafter known throughout the world without compensation to you. This includes, but is not limited to, sharing your User Content, including your ratings, reviews, comments, questions, and answers, with third-party brands whose product we sell. This license will survive the termination of these Terms and Conditions and your use of the Website and Services.
From time to time, we accept comments and suggestions to improve our Website and products. However, we do not accept unsolicited ideas as to new product offerings, potential advertising or marketing campaigns, or other related suggestions. When submitting comments, suggestions, or unsolicited ideas, be aware that you are granting us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the comments, suggestions, or unsolicited ideas for any purpose. You will receive no compensation. If you submit comments, suggestions, or unsolicited ideas, and see us use it in any way, you will have expressly waived a claim of infringement or any other claim against us for its use through this section, including any so called “moral rights” or rights of privacy or publicity. Any comments, suggestions, or unsolicited ideas shall be deemed non-confidential. At our request and expense, you will execute documents and take such further acts as we may reasonably request to assist us to acquire, perfect and maintain our intellectual property rights and other legal protections for the Feedback.
The Simple Version:
When you post User Content to our Website and Services, you’re acknowledging that you are posting User Content on the internet, in public, for everyone to see, use, copy, and share. Please only post User Content that a) you have the rights to post, b) does not violate anyone else’s rights, and c) is fair and truthful. We are not responsible if others don’t abide by these rules.
You own your User Content, even after you post it to our Website and Services. But by sharing with us you’re granting us a non-exclusive license to it, which means we might use it in places like marketing materials, with no compensation or credit to you.
We know that some Website or Services posts include ideas or business proposals for Krete—we don’t pay for unsolicited suggestions like these. And know that when you post ideas like this in public, they’re not covered by any kind of confidentiality or copyright protection, and we may use these ideas for any purpose that we see fit, without compensation or credit to you.
Social Media and Internet Platform User Content:
By agreeing to allow Krete to use the text, photograph, video, or related User Content that you originally posted on Instagram, Snapchat, Facebook, Pinterest, or any other Social Media or Internet Platform (your "Internet Platform User Content"), you agree to the following terms:
You may not post, publish, submit or transmit any content that violates or encourages any conduct that would violate any applicable law or regulation or would give right to civil liability. You may not post any fraudulent, false, misleading, or deceptive content. You may not solicit other products or services on our Website or Services. You may not post anything that is defamatory, obscene, pornographic, vulgar or offensive, nor may you post anything that promotes discrimination, racism, harassment, or harm of any kind, whether physical or emotional, against any individual or group. You may not post anything that promotes any illegal or illicit behavior.
You may not use any content of this Website or Services, in whole or in part, in an unlawful manner. You shall not solicit the performance of any illegal activity or other activity which infringes the rights of Krete or others.
Some of our services may allow you to receive SMS, MMS or other text message notifications from us (each, a “Text Message”). To the extent you voluntarily opt to have Text Messages from us sent directly to your mobile phone or device, including laptops or other devices that can receive Text Messages, the following terms apply:
We grant you a limited, revocable, and non-exclusive license to access and make personal use of the Website. This limited license does not include the right to: (i) frame or utilize framing techniques to enclose the Website or any portion thereof; (ii) modify or download the Website or Content (except caching or as necessary to view the Website); (iii) make any use of the Website or Content other than personal use; (iv) create any derivative work based upon either the Website or Content; (v) collect account information for the benefit of yourself or another party; (vi) use any meta tags or any other “hidden text” utilizing our name or the Trademarks or to otherwise use the Trademarks; (vi) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure; (vii) interfere or attempt to interfere with the proper working of the Website or Services or any activities conducted on the Website or Services; (viii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Website or Services (or other accounts, computer systems or networks connected to the Website or Services); (ix) run any form of auto-responder or “spam” on the Website or Services; (x) distribute information you know is false, misleading, untruthful, unlawful or inaccurate; or (xi) otherwise take any action in violation of our guidelines and policies.
We also grant you a limited, revocable, and nonexclusive license to create a hyperlink to the home page of the Website for personal, non-commercial use only. A website that links to the Website (i) may link to, but not replicate, our Content; (ii) may not imply that we are endorsing such Web site or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive or controversial, and may contain only content that is lawful and appropriate for all ages; (v) may not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; (vi) may not use any Trademark; and (vii) may not link to any page of the Website other than the home page. We may, in our sole discretion, request that you remove any link to the Website, and upon receipt of such request, you shall immediately remove such link.
Any unauthorized use by you of the Website terminates the limited licenses set forth in this Section without prejudice to any other remedy provided by applicable law or these Terms and Conditions.
We may display advertisements, some of which may link to third party websites, for the goods and services of a third party on the Website and Services, including in connection with co-promotions, sponsorships and other similar partnership arrangements. We do not endorse or represent and are not responsible for the safety, quality, accuracy, reliability, integrity or legality of any such advertised goods or services, or the content on their websites, and when you access third party resources or websites on the Internet, you do so at your own risk. The views presented are the views of the third party, alone, and do not reflect the views of Krete. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.
We respect the intellectual property of others. If you believe that a work has been copied or used on this Website in a way that constitutes trademark, right of publicity, copyright infringement, or violation of the Digital Millennium Copyright Act (“DMCA”), please use the information below to contact us. Please provide all relevant information to support your copyright complaint so that we can quickly and effectively take action as required.
THE WEBSITE AND SERVICES ARE PRESENTED “AS IS.” WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE WEBSITE OR SERVICES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.
WE HAVE NO SPECIAL RELATIONSHIP WITH OR FIDUCIARY DUTY TO YOU. YOU ACKNOWLEDGE THAT WE HAVE NO DUTY TO TAKE ANY ACTION REGARDING WHICH USERS GAIN ACCESS TO THE WEBSITE OR SERVICES, OR HOW YOU MAY INTERPRET OR USE THE CONTENT. YOU RELEASE US AND OUR OFFICERS, DIRECTORS AND EMPLOYEES FROM ALL LIABILITY ARISING OUT OF OR RELATING TO YOUR HAVING ACQUIRED OR NOT ACQUIRED CONTENT THROUGH THE WEBSITE OR SERVICES. WE MAKE NO REPRESENTATIONS CONCERNING ANY CONTENT CONTAINED IN OR ACCESSED THROUGH THE WEBSITE OR SERVICES, AND WE WILL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, COPYRIGHT COMPLIANCE OR LEGALITY OF MATERIAL OR CONTENT CONTAINED IN OR ACCESSED THROUGH THE WEBSITE OR SERVICES.
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE OR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR CONTENT PROVIDERS BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE WEBSITE OR SERVICES, OR OTHERWISE), UNDER ANY CIRCUMSTANCES, FOR ANY (A) INTERRUPTION OF BUSINESS; (B) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE WEBSITE; (C) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (D) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEB SITE LINKS ON THE WEBSITE OR SERVICES; (E) COMPUTER VIRUSES, SYSTEM FAILURES, BUGS, TROJAN HORSES OR THE LIKE OR MALFUNCTIONS (REGARDLESS OF THE SOURCE OF ORIGINATION) WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE WEBSITE AND SERVICES, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEB SITES; (F) ANY INACCURACIES OR OMISSIONS IN CONTENT OR (G) EVENTS BEYOND OUR REASONABLE CONTROL.
FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, WE OR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, COMPENSATORY, OR CONSEQUENTIAL DAMAGES OF ANY KIND, HOWEVER ARISING, (INCLUDING LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES) RELATED TO THE WEBSITE AND SERVICES REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00).
You agree to defend, indemnify, and hold harmless us and our employees, contractors, directors, officers, suppliers, and representatives from all liabilities, claims, expenses, or any loss, damages or costs, including reasonable attorneys’ fees, resulting from or relating to any third party claim, action, or demand resulting from your use of this Website, the Services, or breach of these Terms and Conditions.
You agree to defend, indemnify and hold harmless us and our employees, contractors, directors, officers, suppliers and representatives from all liabilities, claims and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Services or Content in violation of these Terms and Conditions, or infringement by you, or any third party using your Account or identity in the Services, of any intellectual property or other right of any person or entity
You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
With respect to any dispute regarding this Website, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of the California, without regard to principles of conflicts of law and as if the Terms and Conditions were a contract wholly entered into and wholly performed within California. You consent to enter into binding arbitration as the sole remedy to any dispute. Any dispute relating in any way to your visit to the Website shall be submitted to confidential arbitration in Los Angeles County, California, and you submit to the jurisdiction and proceedings thereof, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors or otherwise have a cause of action in equity, we may seek injunctive or other appropriate relief in any court of competent jurisdiction and you consent to jurisdiction and venue in any such court for such purposes. Arbitration under this agreement shall be conducted under the rules of the JAMS Streamlined Arbitration Rules and Procedures in effect at the time the demand for arbitration is filed. The arbitrator’s written award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions shall be joined to an arbitration involving any other party subject to these Terms and Conditions, whether through class arbitration proceedings or otherwise.
Each party is responsible for its own fees of representation and defense, and will split (50-50) the cost for any filing, administrative and arbitrator fees as required. However, you will be responsible for all costs of filing and administrative and arbitrator fees if the arbitrator determines your complaint or relief sought is frivolous.
YOU HEREBY EXPRESSLY WAIVE TRIAL BY JURY; PROVIDED, HOWEVER, THAT WE MAY SEEK INJUNCTIVE OR OTHER EQUITABLE RELIEF IN ANY STATE OR FEDERAL COURT HAVING JURISDICTION TO GRANT IT IN THE EVENT OF AN ACTUAL OR THREATENED INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.
We may, at our discretion, terminate Services at any time, with or without any notice to you, and with or without cause, which may result in the forfeiture and destruction of all information associated with your Account. If you wish to terminate your Account, you may do so by following the instructions on the Website or through the Services. Any fees paid hereunder are non-refundable. All provisions of these Terms and Conditions, which by their nature should survive termination or cancelation of service, shall survive termination or cancelation of service, and remain in effect, including, without limitation, ownership provisions, warranty disclaimers, indemnity provisions and limitations of liability.
You consent to receive any agreements, notices, disclosures and other communications (collectively, “Notices”) to which these Terms and Conditions refer from us electronically including without limitation by email or by posting notices on this Website. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. To withdraw your consent to receive Notices electronically, you must notify us of your withdrawal of such consent by using the contact information provided below and discontinue your use of this Website and Services. In such event, all rights granted to you pursuant to these Terms and Conditions shall automatically terminate. We cannot provide the benefits of this Website or Services to any user that cannot consent to receipt of Notices electronically. We will rely on the email provided by you when sending out these notices. It is your responsibility to maintain a current email address. Your failure to maintain an active email and keep it current with our Website and Services will not constitute a lack of notice.
We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
You acknowledge and agree that these Terms and Conditions constitute the complete and exclusive agreement between us concerning your use of the Website and Services, and supersede and govern all prior proposals, agreements, or other communications.
We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the Website, or by sending you notice through the Services, via e-mail, or by other appropriate means of electronic communication. Any changes are effective immediately upon posting to the Website. It is your responsibility to check these Terms and Conditions for changes prior to each use of the Website and Services, and we are not obligated to notify you of these changes. Your continued use of the Website following an update to the Terms and Conditions constitutes your agreement to all such terms and conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Website.
Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us, and neither party shall have any authority of any kind to bind the other in any respect.
Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.
These Terms and Conditions should be interpreted broadly and under the laws of the State of California.
The section and paragraph headings in these Terms and Conditions are for convenience only and shall not affect their interpretation.
If any provision is void or otherwise unenforceable, that provision shall be stricken and the rest of the contract will remain in full effect.
You may not assign or transfer any rights under these Terms and Conditions, without the expressed written consent of Krete. Assignment or transfer of any and all rights without the consent of Krete will be null. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.
User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.
User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.
Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at firstname.lastname@example.org. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.
Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:
Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge, LLC d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Los Angeles, California before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which KRETE LLC’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.
If you have any questions regarding these Terms and Conditions, please contact us at Info@Krete.Club. For any intellectual property complaints, intellectual property licensing requests or demand for arbitration, contact us by email at Info@Krete.Club
You may contact us at the following address: KRETE LLC, 10434 Lindbrook Drive, Los Angeles, CA 90024.
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