TERMS OF SERVICE
Cratejoy, Inc. (“Cratejoy”, “we”, “us”, and “our”) offers access to and use of its proprietary online platform accessible from the website and associated domains of https://www.cratejoy.com, as may be updated from time-to-time, including any successor or affiliated websites and domains (the “Service”). Any access to or use of the Service is subject to the terms, conditions, policies and notices stated herein (the “Terms of Service” or “Terms”).
Please read these Terms of Service carefully before accessing or using our Service. By using the Service, including by making any purchase through the Service, you agree to be bound by the Terms of Service, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Service, including without limitation users who are browsers, vendors, customers, sellers, and/or contributors of content. If you do not agree to the entirety of the Terms of Service, then you may not access the Service. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
THE TERMS REQUIRE BINDING ARBITRATION TO RESOLVE ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING IN ANY WAY TO THE TERMS OR YOUR ACCESS TO OR USE OF THE SERVICE, INCLUDING THE VALIDITY, APPLICABILITY OR INTERPRETATION OF THE TERMS (EACH, A “CLAIM”), AND YOU AGREE THAT ANY SUCH CLAIM SHALL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE ACTION, ARBITRATION OR OTHER SIMILAR PROCESS. PLEASE REVIEW SECTION 22 CAREFULLY TO UNDERSTAND YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO THE RESOLUTION OF ANY CLAIM.
Any new features or tools which are added to the Service shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1. ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your access to the Service.
SECTION 2. GENERAL CONDITIONS
We reserve the right to refuse access to the Service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Service, without express written permission by us.
The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3. GRANT OF RIGHTS
We grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and view pages within the Service. To the extent that the Service provides access to any online software, applications or other similar components, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use such components only within the Service and only in the form found within the Service.
All rights granted to you under these Terms are subject to your compliance with the Terms in all material respects and may only be exercised by you for your personal, non-commercial use or internal business purposes.
SECTION 4. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
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.
SECTION 5. PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6. GIFTING
As part of our Services you may elect to send specified persons (“Recipients”) the ability to receive gifts from a curated selection of items (“Gifts”). All Gift purchases shall be made through the use of “Cratejoy Dollars,” which are credits to your account that are either purchased by you from Cratejoy or provided to you in connection with a promotional offer or through a cancellation or refund from time to time. Cratejoy Dollars are not refundable, transferrable, or exchangeable and can only be used on the Services to send Gifts to Recipients and have no other utility. Cratejoy Dollars are not gift cards, and do not reflect a cash value or balance of US Dollars or any currency.
When a Recipient desires to receive a Gift, such Recipient must visit our website, select the applicable Gift, and provide a valid shipping address within the continental United States. The Recipient is responsible for providing accurate and complete delivery information to receive Goods. Should a selected Gift be no longer be available, Cratejoy will attempt to notify the Recipient, at which time the Recipient may choose to receive a substitute Gift. Once the Recipient exercises the Gift, it may not be canceled or used by any other party. If a Recipient declines a Gift, the Cratejoy Dollars correlating to the price of such Gift will be credited to your account. A Gift may only be exercised by a Recipient directly through our website and cannot be exchanged for cash, in whole or in part, unless required by law.
All Gift selections are non-reversible. Gifts may not be returned unless they are deemed defective upon receipt by the Recipient. Any such returns must be coordinated directly with Cratejoy. Cratejoy disclaims all liability for any act or decision by a Recipient to exercise or refuse to exercise a Gift, for any other act or omission of any Recipient, or for any lost, stolen, or misdirected Gifts.
SECTION 7. ACCURACY OF BILLING AND ACCOUNT INFORMATION
You agree to provide current, complete and accurate purchase and account information for all purchases made through the Service. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. You may not share your account or password with anyone. You are fully responsible for all activities that occur under your account, whether or not you authorized the particular use or user, and regardless of your knowledge of such use. You agree to notify us immediately of any unauthorized use of your account or password or any other similar breach of security.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
For more detail, please review our Returns Policy.
SECTION 8. DEALINGS WITH ADVERTISERS AND OTHER THIRD PARTIES
Certain content, products and services available via our Service may include materials from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. Your dealings with third parties who market, sell, buy or offer to sell or buy any goods or services via the Service, including payment for and delivery of such goods or services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the third party.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third party. Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
SECTION 9. USER COMMENTS, FEEDBACK, CONTENT AND OTHER SUBMISSIONS
If, at our request, you send us certain specific submissions (for example contest entries) or without a request from us you send us creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you send to us. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments.
You acknowledge and agree that all information, data, data records, databases, text, software, music, sounds, photographs, images, graphics, videos, messages, scripts, tags and other materials accessible through the Service, whether publicly posted or privately transmitted (“Content”), are the sole responsibility of the person from whom such Content originated. This means that you, and not Cratejoy, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through the Service (“Your Content”), and other users of the Service, and not Cratejoy, are similarly responsible for all Content they upload, post, email, transmit or otherwise make available through the Service (“User Content”). You grant Cratejoy and its service providers an irrevocable, perpetual, worldwide, royalty-free, fully-paid-up, non-exclusive, sublicensable, transferable license to use, reproduce, modify, adapt, create derivative works from, publicly perform, publicly display, distribute, make and have made Your Content (in any form and any medium, whether now known or later developed) for any lawful purpose. Additionally, you irrevocably waive, and cause to be waived, against Cratejoy, its service providers, and its users any claims and assertions of moral rights or attribution with respect to Your Content.
To the extent you have made Your Content accessible to others through the Service, you acknowledge and agree that we may continue to make Your Content, and associated Content, accessible to others through the Service even after you have deleted your user account.
You will not: upload, post, email, store, transmit, or otherwise make available any Content that:
- is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or otherwise objectionable;
- may not be made available under any law or under contractual or fiduciary relationships (such as confidential or proprietary information learned as part of an employment relationship or under a non-disclosure agreement);
- infringes any patent, trademark, trade secret, copyright, or other proprietary right of any party;
- consists of unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, commercial electronic messages, or any other form of solicitation;
- contains software viruses or any other code, files or programs designed to interrupt, destroy or limit the functionality of any software or hardware;
- contains infringing, libelous, or otherwise unlawful or tortious material; or
- consists of information that you know or have reason to know is false or inaccurate.
We may, but have no obligation to, (i) monitor, edit or remove Content within the Service that we determine in our sole discretion to be a violation of these Terms and (ii) restrict or remove your future access to the Service if you violate the preceding subsection (i), as determined in our sole and absolute discretion. Our failure to enforce any of the above restrictions or guidelines shall not act as a waiver for any future enforcement, will not be considered a breach of these Terms, and does not create a private right of action for any other party.
To the extent that you submit any Content or Comments, you represent and warrant that Your Content or Comments do not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that Your Content or Comments do not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of Your Content or Comments. You are solely responsible for Your Content and Comments you make and their accuracy. We take no responsibility and assume no liability for Your Content or Comments, or any Content posted by any third party.
SECTION 10. SOCIAL MEDIA CONTENT POLICY
In addition to any rights we may have in Your Content or Comments, by posting content, including but not limited to photographs, videos, comments, and your applicable social media handle to Cratejoy-labeled social media, posting such content to your social media accounts using the tag #sharemyCratejoy, or otherwise associating such content with the tags #sharemyCratejoy or other hashtags sponsored or affiliated with Cratejoy (“Social Media Content”), you grant Cratejoy and any of its third-party content management providers (collectively, the “Licensing Parties”) a perpetual, irrevocable, royalty-free, non-exclusive, transferable, sublicensable right and license to display, copy, publish, distribute, transmit, print, create derivative works from, alter, edit and/or use your Social Media Content in any manner to be determined in Cratejoy’s sole discretion, including but not limited to on webpages and social media channels operated by Cratejoy, and for other marketing and promotional purposes, in any media now or hereafter known, with no obligation to you whatsoever. To the extent your social media username, real name, image, appearance, voice, likeness, caption, location or other identifying information (“Identifying Information”) are included as part of your Social Media Content, you hereby grant the Licensing Parties the right and license to use such Identifying Information in connection with any use of your Social Media Content. We will make commercially reasonable efforts to credit you for any such Social Media Content by posting your handle or byline, however we make no assurance to do so and you agree that we are not required to do so.
When you use the hashtag #sharemyCratejoy or other hashtags sponsored or affiliated with Cratejoy, you represent and warrant that (i) you own all rights in and to your Social Media Content, or are not aware of any third-party rights that must be obtained to grant the Licensing Parties the rights provided herein; (ii) all person(s) appearing in your Social Media Content have granted permission for the uses and rights described herein; (iii) you are of legal age to consent to this agreement; and (iv) you are not aware of any reason why the use of your Social Media Content by the Licensing Parties as described herein will violate the rights of any third party or any law. You agree you will not post or encourage others to post Social Media Content that is unlawful, harassing, defamatory, obscene, libelous, or otherwise objectionable.
SECTION 11. OWNERSHIP
Except with respect to Your Content, you acknowledge and agree that, as between you and Cratejoy, Cratejoy owns all rights, title and interest (including all intellectual property rights) in the Service and all Content and other materials within the Service. The Service is protected by U.S. and international copyright, trademark, patent and other intellectual property laws and treaties. Either reserve all rights not expressly granted to you.
SECTION 12. PERSONAL INFORMATION
SECTION 13. ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 14. PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 15. SELLER TERMS; MARKETPLACE POLICIES
15.1 Seller Terms. If you use the Service to sell your products, goods and services, in addition to the remainder of the Terms set forth herein the following terms and conditions shall also apply:
- Fees. (1) In addition to fees otherwise set forth in these Terms of Service, we charge you as a seller a recurring platform fee (the “Platform Fee”) plus a fee on each transaction made on the Service (the “Transaction Fee”), as described at https://www.cratejoy.com/sell/pricing/ (collectively the “Fees”). You agree to pay all Fees. The Transaction Fee amount will be assessed on the gross order amount, including shipping and tax (if applicable). Transaction Fees will be reflected in your payment account and will be deducted from the total amount of the payment at the time the payment is considered complete. We reserve the right to modify the Transaction Fee at any time. In the event of any partial or full refunds credited back to a buyer, the Transaction Fee and other applicable fees may be recalculated based on the adjusted sale price as described at https://support.cratejoy.com/support/solutions/articles/43000495424-fees-on-cratejoy; (2) You are solely responsible for determining any sales, use privilege, gross receipts, restaurant, excise or other tax due in connection with the sale of your products, goods and services on the Service and shall pay all such taxes and other amounts that you may owe as required by applicable law or regulation; and (3) Cratejoy does not offer payment processing services. By using a third-party payment processing service, you may also be subject to an agreement with such third party, including payment of applicable fees. If we receive notice that Your Content or activity violates a third party’s service agreement, we may at our sole discretion take action against your account to comply with their policies. Such actions may include canceling a transaction, disabling listings from your shop, suspending your selling privileges, or removing certain payment methods.
- Buyer Disputes, Refunds, and Reimbursement. (1) You agree to resolve any disputes directly with a buyer. We reserve the right, in our sole discretion, to seek reimbursement from you as a seller in any of the following circumstances: (a) we provide a refund to a buyer because you did not promptly deliver the products, goods or services or we, in our sole discretion, otherwise determine that a refund is warranted in a particular circumstance, (b) we discover erroneous or duplicate transactions related to a you as a seller, (c) we receive a chargeback from a buyer’s credit card issuer or other payment method or reversal of payment for the amount of a buyer’s purchase from you, or (d) you do not act in accordance with these Terms of Service or any policy hereunder or otherwise applicable to the Cratejoy marketplace . We may obtain reimbursement of any amounts owed by you to Cratejoy by deducting from future payments owed to you, reversing any credits to your payment account balance, charging your credit card on file, charging your bill, or seeking reimbursement from you by any other lawful means, including by using third-party collections services. You authorize us to use any or all of the foregoing methods to seek reimbursement. (2) Additionally, we reserve the right to (a) assist end customers (including without limitation buyers of your products, goods or services) with account management, including but not limited to subscription or purchase cancellation, change, and update, and (b) delete, alter, or rename any store that has an expired free trial.
- Relationship of the Parties. The relationship of the parties established hereby is that of independent contractors.
- Modifications to the Service and Prices. Prices for our products or access to the Service are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
- Optional Tools. We may provide you with access to third-party tools over which we neither monitor nor have any control nor input (the “Optional Tools”). You acknowledge and agree that we provide access to such Optional Tools ”as is”, “as available”, and with all faults without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of Optional Tools. Any use by you of Optional Tools offered through the Service is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which Optional Tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the Service (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
- Retaining Your Content. In addition to the rights your grant us with respect to Your Content pursuant to Section 9 above, To the extent you have made Your Content accessible to others through the Service, you acknowledge and agree that we may continue to make Your Content, and associated Content, accessible to others through the Service even after you have deleted your user account, removed your check-out functionality, or “un-claimed” your listing page. If a listing page does not have check-out functionality, it will remain a community page where users can provide information and reviews related to the subscription box and/or your products, goods or services. You acknowledge and agree that as between you and Cratejoy all User Content, including, but not limited to, reviews, remain sole property of Cratejoy and will remain on this “community” listing page.
15.2. Marketplace Policies. In addition to our marketplace policies located at https://support.cratejoy.com/support/solutions/folders/43000559423, which are incorporated herein by reference, you agree to the following policies related to operating as a seller on Cratejoy’s marketplace:
- Operations. (1) You agree to be a good actor on the Cratejoy marketplace, as solely determined by Cratejoy, and make every effort to positively engage with buyers and Cratejoy; (2) You agree to always present your products, goods and services in an honest manner; (3) You agree to work in good faith with Cratejoy’s marketplace support team to find solutions to issues that arise with marketplace buyers; (4) You agree to keep a payment processor connected to your account at all times; (5) You agree to clearly communicate your customer service policies to the buyer and/or potential buyer within the Product Details Page or other applicable areas on the Cratejoy marketplace; and (6) You agree to clearly outline all policies and procedures for order exchanges, refunds, or returns. You agree to fulfill all obligations to the buyer as outlined in your policies and procedures.
- Communication. (1) You will keep an active and monitored email inbox email address on file in your Cratejoy account; (2) You will respond to all verified buyer messages within 96 hours of receiving the messages. The Cratejoy support team may also communicate with Marketplace buyers to assist in necessary support or service to the buyer; (3) You will proactively communicate any product, good, service or business issues with buyers and Cratejoy to ensure a positive outcome is achieved; (4) You will make every effort possible to reply to Questions and Reviews within 96 hours of the Question or Review being posted. The Cratejoy support team may reply or add additional context for the buyer as needed, in our sole discretion; and (5) You will communicate any material product, good, service or business issues that may impact service or delivery to the buyer with the Cratejoy support team.
- Orders. (1) You will honor any cancellation request from a Buyer as it relates to your stated cancellation policy. If no policy exists, Cratejoy reserves the right to assist in a buyer’s cancellation requests if you fail to respond to Cratejoy or buyer inquiries; (2) You will honor any refund request from a buyer as it relates to your stated refund policy. If no policy exists, Cratejoy reserves the right to assist in refunds for orders placed within 48 hours of first order or renewal; and (3) You will make every effort possible to facilitate order change requests from buyers as long as products, goods or services are available.
- Product (or Service) Description Page (Product Listing). (1) You will maintain your Product (or Service) Description Page (PDP) with accurate and updated information at all times; (2) Your images will be an accurate representation of the products, goods or services you send to buyers who purchase from you; (3) Your shipping information will be accurate and updated on a regular basis to provide clarity to buyers for both first time shipments and follow-on shipments with prepay term orders; and (4) You grant Cratejoy the right to update your PDP with additional copy or information as needed, in our sole discretion.
- Product quality. (1) You commit to making every effort possible to source, procure, pack, and ship high-quality products and goods and thoughtfully curated experiences to all buyers; (2) You commit to working with buyers who are unhappy with the quality of the product, good, service or experience to find a path forward to buyer happiness; and (3) You commit to working with buyers to replace, refund, or find another solution for any product or good that arrives broken or shipments that arrives defective.
- Shipping. (1) You agree to communicate all shipping information clearly on your PDP and fulfill all shipments as stated in your shipping information; (2) You agree to ship all products or goods within 96 hours of your stated shipping information; (3) You will proactively communicate with buyers and let them know of any shipment delays consistent with all applicable laws, rules and regulations; (4) You will upload accurate tracking information into Cratejoy for every shipment sent; (5) You will mark all shipments as Shipped inside of Cratejoy when they are shipped; (6) You will proactively reach out to any buyer who has a “returned to sender” shipment to rectify the situation, update the address, and reship the shipment, each as applicable; and (7) You will proactively communicate any shipping, product or goods deficiencies with buyers and be responsive to their needs.
- We reserve the right to take action on your behalf in the following situations: You understand we will step in to aid in buyer support if you do not respond within timely manner, specifically as outlined below: (1) If a buyer contacts us within 24 hours of a successful order or renewal and requests a cancellation, refund, or application of a valid coupon, we reserve the right to take action on the buyer’s request without permission from you; (2) If a buyer contacts us after 24 hours of an order or renewal and requests a cancellation, refund, or application of a valid coupon, we will direct the buyer to contact you to action the request; (3) If a verified buyer waits longer than 96 hours to receive a response from you after contacting you through our “Contact Seller” option on the marketplace, we will handle the buyer’s support request as we deem appropriate and will communicate directly with you on the result; (4) If you have not marked a shipment as shipped within 96 hours of the expected shipment date and are unresponsive to our attempts to reach you, we will take the necessary steps to protect buyers, issue refunds, and cancel shipments, as we deem appropriate; (5) If you have not fulfilled promises made between you and the buyer, we reserve the right to step in and resolve, as we deem appropriate; (6) If a dispute is unresolved between a buyer and you, Cratejoy reserves the right to step in, mediate, and solve the dispute; (7) If you close your store and have active shipments due, we will refund the balance to subscribers and/or buyers on your behalf and collect payment from you to cover the applicable costs, fees and other amounts; and (8) In all other cases where we identify the need to step in to assist buyers with urgent needs that are not being met by you.
SECTION 16. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF OUR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE.
YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED ‘AS IS’ , ‘AS AVAILABLE’ , AND WITH ALL FAULTS, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.
IN NO CASE SHALL CRATEJOY OR OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. OUR MAXIMUM TOTAL AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS (INCLUDING TORT CLAIMS) ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES, SHALL NOT EXCEED THE TOTAL AMOUNT OF ALL PAYMENTS MADE BY YOU TO CRATEJOY HEREUNDER.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
SECTION 17. INDEMNIFICATION
You agree to indemnify, defend and hold harmless Cratejoy and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim, demand, loss, damage, cost, liability and expense, including reasonable attorneys’ fees, resulting from or arising out of (1) your violation of these Terms of Service (including the documents incorporated by reference herein), any law or regulation, or any rights (including intellectual property rights) of another party, (2) Your Content, or (3) your use of the Service.
SECTION 18. SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 19. TERMINATION
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate these Terms at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
Any provision that, by its terms, is intended to survive the termination of these Terms of Service shall survive such termination and the obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms for all purposes.
SECTION 20. GENERAL PROVISIONS
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
These Terms of Service may not be amended by you except in a writing executed by you and an authorized representative of Cratejoy. You may not assign or delegate any right or obligation under the TOS without the prior written consent of Cratejoy.
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party and the words “such as,” “include,” “includes” and “including” shall be deemed to be followed by the words “without limitation.”
Any prevention of or delay in performance by Cratejoy hereunder due to labor disputes, acts of god, governmental restrictions, enemy or hostile governmental action, fire or other casualty or other causes beyond its reasonable control shall excuse the performance of its obligations for a period equal to the duration of any such prevention or delay.
SECTION 21. GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Texas, without regard to conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to the Terms.
SECTION 22. BINDING ARBITRATION AND CLASS ACTION WAIVER
ALL CLAIMS (AS DEFINED IN THE PREAMBLE) SHALL BE RESOLVED BY BINDING ARBITRATION RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT (DEFINED FOR THE PURPOSES OF THE TERMS AS A COURT OF LIMITED JURISDICTION THAT MAY ONLY HEAR CLAIMS NOT EXCEEDING $5,000) IF YOUR CLAIMS ARE WITHIN THE COURT’S JURISDICTION. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED.
The arbitration shall be conducted by the American Arbitration Association (AAA) under its then-applicable Commercial Arbitration Rules or, as appropriate, its Consumer Arbitration Rules. The AAA’s rules are available at http://www.adr.org/. The arbitrator will, among other things, have the power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of the arbitration agreement or to the arbitrability of any Claims. Payment of all filing, administration and arbitrator fees shall be governed by the AAA’s rules. The arbitration shall be conducted in the English language by a single independent and neutral arbitrator. For any hearing conducted in person as part of the arbitration, you agree that such hearing shall be conducted in Austin, Texas or, if the Consumer Arbitration Rules apply, another location reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances, as determined by the arbitrator. The decision of the arbitrator on all matters relating to the Claim shall be final and binding. Judgment on the arbitral award may be entered in any court of competent jurisdiction.
WE EACH AGREE THAT ALL CLAIMS (AS DEFINED IN THE PREAMBLE) SHALL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE ACTION, ARBITRATION OR OTHER SIMILAR PROCESS AND EXPRESSLY WAIVE ANY RIGHT TO HAVE A CLAIM DETERMINED OR RESOLVED ON A CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE BASIS. IF FOR ANY REASON THE PROVISIONS OF THE PRECEDING SENTENCE ARE HELD TO BE INVALID OR UNENFORCEABLE IN A CASE IN WHICH CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE CLAIMS HAVE BEEN ASSERTED, THE PROVISIONS OF THIS SECTION 21 REQUIRING BINDING ARBITRATION SHALL LIKEWISE BE UNENFORCEABLE AND NULL AND VOID. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT SUCH CLAIM SHALL BE BROUGHT ONLY IN A COURT OF COMPETENT JURISDICTION IN AUSTIN, TEXAS. YOU HEREBY SUBMIT TO THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS AND WAIVE ANY OBJECTION ON THE GROUNDS OF VENUE, FORUM NON-CONVENIENS OR ANY SIMILAR GROUNDS WITH RESPECT TO ANY SUCH CLAIM.
Notwithstanding anything to the contrary, we may each may seek injunctive relief and any other equitable remedies from any court of competent jurisdiction to protect our intellectual property rights, whether in aid of, pending or independently of the resolution of any dispute pursuant to the arbitration procedures set forth in this Section 22.
If we implement any material change to this Section 22, such change shall not apply to any Claim for which you provided written notice to us before the implementation of the change.
SECTION 23. CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 24. PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your work has been made available through the Service in a way that constitutes copyright infringement, please provide Cratejoy’s Agent for Notice of Copyright Claims the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) a description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) a description of the material that you claim is infringing and where that material may be accessed within the Cratejoy Service; (d) your address, telephone number and email address; (e) a statement by you that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement from you that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Cratejoy’s Agent for Notice of Copyright Claims can be reached as follows:
Agent for Notice of Copyright Claims
2001 South First Street
Austin, TX 78704
SECTION 25. CALIFORNIA USERS & RESIDENTS
In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting such unit in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
SECTION 26. CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org.