Terms of Use

THE FOLLOWING DESCRIBES THE TERMS UPON WHICH KULACRATE, LLC. (“KULACRATE”) OFFERS YOU ACCESS TO OUR SYSTEM.

THIS DOCUMENT SETS FORTH THE TERMS AND CONDITIONS UNDER WHICH KULACRATE OFFERS YOU ACCESS TO WWW.KULACRATE.COM.

THESE TERMS AND CONDITIONS AFFECT YOUR RIGHTS AND YOU SHOULD READ THEM CAREFULLY BEFORE YOU CLICK THE “ACCEPT” BUTTON. YOU AGREE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND THE ATTACHED PRIVACY NOTICE AND THAT YOU WILL BE BOUND BY AND COMPLY WITH ALL OF THEIR TERMS. YOU SHOULD PRINT A COPY OF THESE TERMS AND CONDITIONS AND RETAIN IT IN YOUR RECORDS FOR FUTURE REFERENCE. IT IS ALSO IMPORTANT TO NOTE THAT YOU HAVE THE RIGHT TO “OPT OUT’ AT ANY TIME AND WE WILL REMOVE ALL OF YOUR PERSONAL INFORMATION FROM OUR SITE.

You must read, agree with, and accept all of the terms and conditions contained in this Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, We strongly recommend that, as you read this Agreement, if you have any additional questions or comments, please contact us directly.

We may amend this Agreement at any time by posting the amended terms on our site. 

A. PRIVACY POLICY

Your information is important to us. Our Privacy Policy can be found here www.kulacrate.com.  This explains how we protect, collect, use and disclose your information. We do not sell or rent your personal information to third parties for marketing purposes without your written permission and we only use your information as described in the Privacy Policy. We view protection of users’ privacy as a very important principle. We understand clearly that you and your information are important. We store and process your Information on computers located in the United States that are protected by physical, procedural safeguards as well as technological security devices.

Please note that if you do not signify your acceptance of our Privacy Policy you shall not access or use our Service.

B.   CONDITIONS OF USE

B1. By using the Service, you are not granted any exclusive rights to, or ownership of, any content obtained from the Service, and you are not permitted, now or at any time in the future, to reproduce, duplicate, copy, sell, resell, redistribute or exploit any content obtained from the Service, except as permitted under these Terms of Use or with express written permission by KulaCrate. Subject to these Terms of Use, we hereby grant you a limited, revocable, personal, non-sub-licensable, non-transferable, and non-exclusive license to access and use this Service and the material herein for your limited and personal, access and use.

B.2. You agree that you will not use our Services for any unlawful or fraudulent activity including but not limited to uses that are: (a) fraudulent, deceptive, false, inaccurate or misleading; (b) defamatory, infringing, or tortuous; (c) threaten, harass or otherwise violate the legal or contractual rights of others; (d) harm or attempt to harm minors in any way; (e) bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Services or harvest or manipulate data; or (f) illegal  or activities for illegal purposes, or the transmission of any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law or regulation; (i) a violation of the acceptable use policies or agreements of our service providers and suppliers; or (j) activities that would constitute, or assist any other person with, any other activity which in our sole discretion is considered unauthorized or objectionable.

B.3. If you use or attempt to use our Services for purposes other than for their intended purpose and managing your account, including but not limited to, using the Services in one of the ways described above or otherwise in violation of this Agreement, your account may be terminated and you may be subject to damages and other penalties, including criminal prosecution where available.

B.4. In the event of any termination of this Agreement, your account will be deactivated and/or deleted, resulting in a forfeiture and relinquishment of all content in your account. The limitations on your use of the Services shall survive such termination, and you agree to be bound by those terms.

B.5. KULACRATE,THEIR EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. We make no representations or warranties regarding the amount of time needed to complete processing because the access is largely dependent upon many factors outside of our control, such as internet delays. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.

B.6.  IN NO EVENT SHALL WE, OUR EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR WEB SITE, THE SYSTEM, OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). Some states do not allow the exclusion of limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

B.7. YOU AGREE TO INDEMNIFY AND HOLD KULACRATE, AND ITS SUBSIDIARIES, AFFIIIATED COMPANIES AND THEIR OFFICERS, DIRECTORS AND EMPLOYEES HARMLESS FROM ANY CLAIM, DEMAND, INCLUDING ATTORNEYS FEES MADE OR INCURRED BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF ANY THIRD PARTY RELATING TO YOUR USE OF THIS SYSTEM.

C. RIGHTS/RESPONSIBILITIES OF KULACRATE

C.1. KulaCrate reserves the right to amend the terms of this Agreement at any time, with or without prior notice to you, except as required by law.

C.2. KulaCrate reserves the right to terminate this Agreement, access to its website, or access to the website at any time, with or without prior notice to you, except as required by law.

C.3. KulaCrate will not be responsible for errors or liable if any of the following occurs: (a) you had knowledge of or questions about the possible malfunction of the System (b) natural disasters or man-made (pandemics, fire, flood, tornado, etc.), civil unrest, terrorism, or other uncontrollable circumstances (mail delays, power failures, etc.) prevent proper completion and delivery of transactions, (c) system downtimes or unavailability, or (d) other applicable laws and/or regulations that may exempt us from liability.

D.    LEGAL COMPLIANCE
You shall comply with all applicable U.S. and international laws, statutes, ordinances, regulations, contracts and applicable licenses regarding your use of our Services.

E.   NOTICES

E.1. You agree that this Agreement constitutes “a writing signed by you” under any applicable law or regulation. To the fullest extent permitted by applicable law, this Agreement and any other agreements, notices or other communications regarding your account and/or your use of the Service (“Communications”), may be provided to you electronically and you agree to receive all Communications from KulaCrate in electronic form. Electronic communications may be posted on the pages within the KulaCrate website and/or delivered to your e-mail address. You may print a copy of any communication and retain it for your records. All communications in either electronic or paper format will be considered to be in “writing,” and to have been received no later than five (5) business days after posting or dissemination, whether or not you have received or retrieved the communication. KulaCrate reserves the right but assumes no obligation to provide communications in paper format.

E.2.  Notice shall be deemed given 24 hours after posted or email is sent, unless the sending party is aware that the electronic communication was not received. Alternatively, we may give you notice by mail to the address provided to KulaCrate during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.

F. MISCELLANEOUS

I.1. KulaCrate’s business days are Monday through Friday, 9 a.m. to 5 p.m. Saturdays, Sundays, and federal holidays and holidays recognized in the Commonwealth of Massachusetts are not considered business days.

F.2. KulaCrate will not be liable for any loss resulting from a cause outside of its direct control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, “hacking”, theft, operator errors, unauthorized access, or environmental conditions.

F.3. All related logos, products and services described in this website are either trademarks or registered trademarks of KulaCrate,  and may not be copied, imitated or used, in whole or in part, without the prior written permission of KulaCrate. All content on the website, including all text, graphics, icons, design, and software are protected by United States and International Copyright laws and this agreement. You may access and use the copyrighted works for personal use only. Distribution, reproduction, transmission, republication, modification display, or any other use of the material without the express written permission of KulaCrate is strictly prohibited.

F.4. KulaCrate may contain links to other Internet sites, resources, and third-party websites. KulaCrate takes no responsibility for the accuracy of the information set forth and disclaims any liability to you in connection with such websites.

F.5. You represent and warrant that all information you provide to us is accurate, complete, and current information for eligibility, application, registration, payment and all other purposes. If, at any time, any information you have provided us becomes inaccurate, you will promptly provide us the additional information necessary to make the information you previously provided true and complete in all material respects. You are responsible for all statements made and acts that occur through the use of your Account or using your password, and for all instructions entered through and under your Account or using your password.

F.6. EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT, ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). KULACRATE IS NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN KULACRATE AND YOU. THIS SERVICE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

How to Contact KulaCrate.com

We are always happy to hear from you with your questions or comments. For additional information, or if you have any questions regarding the Terms of Use, please send your questions or comments to us at privacy@KulaCrate.com. You can also send questions or comments to the address below.

KulaCrate.com
136 NW 16th Street
Boca Raton, FL 33432