These terms of service (“Terms”) govern your access to and use of the website currently located at krokit.com and successor site(s) (collectively, “Site”) together with any offerings made available via the Site.Please read these Terms carefully before using the Site or purchasing any offerings made available via the Site.These terms constitute an agreement between you and Krokit, Inc. (“Company”). These Terms contain a binding individual arbitration and class action waiver provision in the Section 16 (Binding Arbitration and Class Action Waiver) that affects your rights under these Terms with respect to any claim between you and Company and each of its current or former affiliates, including parents or subsidiaries, and any predecessor or successor entity to any of the foregoing. You have a right to opt out of the binding arbitration and class action waiver provisions as described in Section 16 (Binding Arbitration and Class Action Waiver).
We may change these Terms from time to time by notifying you of such changes by any reasonable means, including by posting revised Terms on the Site. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms incorporating such changes, or otherwise notified you of such changes. Your use of the Site following any changes to these Terms will constitute your acceptance of such changes. The “LAST UPDATED” legend above indicates when these Terms were last changed. We may, at anytime and without liability, modify, or discontinue all or part of the Site (including access to the Site via any third-party links) or offer opportunities to some or all Site users.
For information about how we collect, use, and share information about users of the Site, please see our Privacy
Policy.
You may need to register to use all or part of the Site. We may reject, or require that you change, any username,
password, or other information that you provide to us when registering. Your username and password are for your
personal use only and should be kept confidential. You, and not Company, are responsible for any use or misuse of
your username or password, and you must promptly notify us of any confidentiality breach or non-authorized use of
your username or password, or your Site account.
We may make available the ability to purchase or otherwise obtain access to certain parts of the Site or certain
offerings made available via the Site (a “Transaction”). If you wish to make a Transaction, you may be asked to
supply certain relevant information, such as your credit card number and its expiration date, your billing address,
and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT TO USE ANY CREDIT
CARD THAT YOU SUBMIT IN CONNECTION WITH A TRANSACTION. By submitting such information, you grant to us
the right to provide such information to third parties for purposes of facilitating Transactions. Verification of
information may be required prior to the acknowledgment or completion of any Transaction. By making a
Transaction, you represent that the purchased offering will be used only in a lawful manner.
Company reserves the right, including without prior notice, to (a) discontinue making available any part of the Site,
(b) impose conditions on the honoring of any coupon, discount or similar promotion, (c) bar any user from making
any Transaction, and (d) refuse to provide any user with any offerings. Refunds will be subject to Company’s
applicable refund and exchange policies. You agree to pay all charges incurred by you or on your behalf through the
Site, at the prices in effect when such charges are incurred. In addition, you are responsible for any taxes applicable
to your Transactions. While it is our practice to confirm orders by e-mail, the receipt of an e-mail order
confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or
service.
Submissions
Users of, or visitors to, the Site may make available certain content, comments, or reactions (each, a “Submission”)
through or in connection with the Site, including on any interactive parts of the Site, such as newsletters, message
boards, and other forums. Company has no control over and is not responsible for any use or misuse (including any
distribution) by any third party of Submissions. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE
OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH THE SITE, YOU DO SO AT YOUR OWN RISK.
Restrictions – In connection with the Site, you must not:
● Post, transmit, or otherwise make available through or in connection with the Site any materials that are or
may be: (a) threatening, harassing, degrading, hateful, or intimidating, or otherwise fail to respect the rights
and dignity of others; (b) defamatory, libelous, fraudulent, or otherwise tortious; (c) obscene, indecent,
pornographic, or otherwise objectionable; or (d) protected by copyright, trademark, trade secret, right of
publicity or privacy, or any other proprietary right, without the express prior written consent of the applicable
owner.
● Post, transmit, or otherwise make available through or in connection with the Site any virus, worm, Trojan
horse, Easter egg, time bomb, spyware, or other computer code, file, or program that is, or is potentially,
harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware,
software, or equipment (each, a “Virus”).
● Use the Site for any commercial purpose, or for any purpose that is fraudulent or otherwise tortious or
unlawful.
● Harvest or collect information about users of the Site.
● Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute, or
otherwise exploit any portion of (or any use of) the Site except as expressly authorized herein, without
Company’s express prior written consent.
● Reverse engineer, decompile, or disassemble any portion of the Site, except where such restriction is
expressly prohibited by applicable law.
● Remove any copyright, trademark, or other proprietary rights notice from the Site.
● Frame or mirror any portion of the Site, or otherwise incorporate any portion of the Site into any product or
service, without Company’s express prior written consent.
● Systematically download and store Site content.
● Use any robot, spider, site search/retrieval application, or other manual or automatic device to retrieve, index,
“scrape,” “data mine,” or otherwise gather Site content or reproduce or circumvent the navigational structure
or presentation of the Site, without Company’s express prior written consent. Notwithstanding the foregoing,
and subject to compliance with any instructions posted in the robots.txt file located in the Site’s root
directory, Company grants to the operators of public search engines permission to use spiders to copy
materials from the Site for the sole purpose of (and solely to the extent necessary for) creating publicly
available, searchable indices of such materials, but not caches or archives of such materials. Company
reserves the right to revoke such permission, either generally or in specific cases, at any time and without
notice.
You are responsible for obtaining, maintaining, and paying for all hardware and all telecommunications and other
services needed to use or access the Site.
For purposes of clarity, you retain ownership of your Submissions. For each Submission, you hereby grant to us a
worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable, and fully sublicensable
(through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute,
perform and display (publicly or otherwise), create derivative works of, adapt, modify, and otherwise use, analyze,
and exploit such Submission, in any format or media now known or hereafter developed, and for any purpose
(including promotional purposes, such as testimonials).
In addition, if you provide any ideas, proposals, suggestions, or other materials to us (“Feedback”), whether related
to the Site or otherwise, such Feedback will be deemed a Submission, and you hereby acknowledge and agree that
such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited, and without
restriction, and does not place Company under any fiduciary or other obligation.
You represent and warrant that you have all rights necessary to grant the licenses described in this section, and
that your Submissions, and your provision thereof through and in connection with the Site, are complete and
accurate, and are not fraudulent, tortious, or otherwise in violation of any applicable law or any right of any third
party. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or
integrity of materials regarding each Submission that you may have under any applicable law or legal theory.
We may (but have no obligation to) monitor, evaluate, alter, or remove Submissions before or after they appear on
the Site, or analyze your access to, or use of, the Site. We may disclose information regarding your access to, and
use of, the Site, and the circumstances surrounding such access and use, to anyone for any reason or purpose.
Subject to your compliance with these Terms, we hereby permit you, on a limited, non-exclusive, revocable,
non-transferable, non-sublicensable basis, to use the Site to the extent permitted by the features of the Site. If you
fail to comply with any of the terms or conditions of these Terms, you must immediately cease using the Site.
Company reserves all rights not expressly granted herein in the Site and the Submissions.
We and our suppliers own the Site, which is protected by proprietary rights and laws. All trade names, trademarks,
service marks, and logos on the Site not owned by us are the property of their respective owners. You may not use
our trade names, trademarks, service marks, or logos in connection with any offering that is not ours, or in any
manner that is likely to cause confusion. Nothing contained on the Site should be construed as granting, by
implication, estoppel, or otherwise, any right or license to use any trade names, trademarks, service marks, or
logos without the express prior written consent of the owner. Any unauthorized use of such materials may violate
laws and regulations governing intellectual property.
Certain Site functionality may make available access to information, products, services, and other materials made
available by third parties, including Submissions (“Third-Party Materials”), or allow for the routing or transmission
of such Third-Party Materials, including via links. By using such functionality, you are directing us to access, route,
and transmit to you the applicable Third-Party Materials.
We neither control nor endorse, nor are we responsible for, any Third-Party Materials, including the accuracy,
validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness, or safety of any Third-Party
Materials, or any intellectual property rights therein. Certain Third-Party Materials may, among other things, be
inaccurate, misleading, or deceptive. Nothing in these Terms will be deemed to be a representation or warranty by
Company with respect to any Third-Party Materials. We have no obligation to monitor Third-Party Materials, and
we may block or disable access to any Third-Party Materials (in whole or part) through the Site at any time. In
addition, the availability of any Third-Party Materials through the Site does not imply our endorsement of, or our
affiliation with, any provider of such Third-Party Materials, nor does such availability create any legal relationship
between you and any such provider.
YOUR USE OF THIRD-PARTY MATERIALS IS AT YOUR OWN RISK AND IS SUBJECT TO ANY ADDITIONAL TERMS,
CONDITIONS, AND POLICIES APPLICABLE TO SUCH THIRD-PARTY MATERIALS (SUCH AS TERMS OF SERVICE OR
PRIVACY POLICIES OF THE PROVIDERS OF SUCH THIRD-PARTY MATERIALS).
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) THE SITE, ANY OFFERINGS, SERVICES, AND
PRODUCTS MADE AVAILABLE VIA THE SITE, AND THIRD PARTY MATERIALS ARE MADE AVAILABLE TO YOU ON AN
“AS IS,” “WHERE IS” AND “WHERE AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER
EXPRESS, IMPLIED OR STATUTORY; AND (B) COMPANY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SITE,
ANY OFFERINGS, SERVICES, AND PRODUCTS MADE AVAILABLE VIA THE SITE, AND ANY THIRD PARTY MATERIALS,
INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT
AND TITLE. ALL DISCLAIMERS OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THESE TERS) ARE
MADE FOR THE BENEFIT OF BOTH COMPANY AND ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS,
DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS AND SERVICE
PROVIDERS (COLLECTIVELY, THE “AFFILIATED ENTITIES”), AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) COMPANY WILL NOT BE LIABLE FOR ANY
INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY
CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS
OF PROFITS, USE OR DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF SUBMISSIONS (INCLUDING
UNAUTHORIZED INTERCEPTION BY THIRD PARTIES OF ANY SUBMISSIONS), EVEN IF ADVISED IN ADVANCE OF THE
POSSIBILITY OF SUCH DAMAGES OR LOSSES; (B) WITHOUT LIMITING THE FOREGOING, COMPANY WILL NOT BE
LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OR ACCESS OF OR INABILITY TO USE OR ACCESS
THE SITE OR ANY OFFERINGS, SERVICES, OR PRODUCTS MADE AVAILABLE VIA THE SITE, ANY OUTPUT OR RESULTS
PRODUCED BY REFERENCE TO, ASSISTANCE OF OR USE OF THE SITE, OR ANY THIRD PARTY MATERIALS, INCLUDING
FROM ANY VIRUS THAT MAY BE TRANSMITTED IN CONNECTION THEREWITH; (C) YOUR SOLE AND EXCLUSIVE
REMEDY FOR DISSATISFACTION WITH THE SITE, ANY OUTPUT OR RESULTS PRODUCED BY REFERENCE TO,
ASSISTANCE OF OR USE OF THE SITE, OR THIRD PARTY MATERIALS IS TO STOP USING THE SITE; (D) THE MAXIMUM
AGGREGATE LIABILITY OF COMPANY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN
CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, ARISING FROM THE SITE WILL BE THE GREATER OF
$10.00 AND TOTAL AMOUNT, IF ANY, PAID BY YOU TO COMPANY TO USE THE SITE; AND (E) THE MAXIMUM
AGGREGATE LIABILITY OF COMPANY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN
CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, ARISING FROM THE OFFERINGS, SERVICES, OR
PRODUCTS MADE AVAILABLE VIA THE SITE WILL BE THE TOTAL AMOUNT PAID BY YOU TO COMPANY FOR SUCH
OFFERING, SERVICE, OR PRODUCT FROM WHICH THE DAMAGE AROSE. ALL LIMITATIONS OF LIABILITY OF ANY KIND
(INCLUDING IN THIS SECTION AND ELSEWHERE IN THESE TERMS) ARE MADE FOR THE BENEFIT OF BOTH COMPANY
AND THE AFFILIATED ENTITIES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS. MULTIPLE CLAIMS WILL NOT
EXPAND THE LIMITATIONS SET FORTH IN THIS SECTION, AND THIS SECTION WILL BE GIVEN FULL EFFECT EVEN IF
ANY REMEDY SPECIFIED IN THESE TERMS IS DEEMED TO HAVE FAILED ITS ESSENTIAL PURPOSE.
To the fullest extent permitted under applicable law, you agree to defend, indemnify, and hold harmless Company
and the Company Parties, and their respective successors and assigns, from and against all claims, liabilities,
damages, judgments, awards, losses, costs, expenses, and fees (including attorneys’ fees) arising out of, or relating
to, (a) your use of, or activities in connection with, the Site (including all Submissions) and (b) any violation or
alleged violation of these Terms by you.
These Terms are effective until they are terminated. Company may terminate or suspend your use of the Site at any
time and without prior notice, for any or no reason, including if Company believes that you have violated or acted
inconsistently with the letter or spirit of these Terms. Upon any such termination or suspension, your right to use
the Site will immediately cease, and Company may, without liability to you or any third party, immediately
deactivate or delete your username, password and account, and all associated materials, without any obligation to
provide any further access to such materials.
Notwithstanding any provisions to the contrary in these Terms, this sentence, and Sections 6 (License), 9
(Company’s Proprietary Rights), 11 (Disclaimer), 12 (Limitation of Liability), 13 (Indemnification), 15 (Governing Law
and Jurisdiction), 16 (Binding Arbitration and Class Action Waiver), 17 (Copyright Infringement Claims), and 18
(Miscellaneous) will survive any expiration or termination of these Terms.
These Terms are governed by and will be construed in accordance with the laws of the State of California, without
regard to its principles of conflicts of law, and regardless of your location. You agree to exclusive jurisdiction of the
federal and state courts located in San Francisco , California, and waive any jurisdictional, venue, or inconvenient
forum objections to such courts.
The terms and conditions of these Terms are governed by the laws of the United States (including federal
arbitration law) and the State of California, without regard to its principles of conflicts of law, and regardless of your
location. EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT, OF OR
RELATED TO, THESE TERMS OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND COMPANY, WHETHER
BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, WILL BE
RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT
BY A JUDGE OR JURY AND YOU AGREE THAT COMPANY AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A
JURY. SUCH DISPUTES INCLUDE, WITHOUT LIMITATION, DISPUTES ARISING OUT, OF OR RELATING TO,
INTERPRETATION OR APPLICATION OF THIS ARBITRATION PROVISION, INCLUDING THE ENFORCEABILITY,
REVOCABILITY, OR VALIDITY OF THE ARBITRATION PROVISION OR ANY PORTION OF THE ARBITRATION PROVISION.
ALL SUCH MATTERS WILL BE DECIDED BY AN ARBITRATOR AND NOT BY A COURT OR JUDGE.
YOU AGREE THAT ANY ARBITRATION UNDER THESE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS
ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO
PARTICIPATE IN A CLASS ACTION.
The arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules,
as amended by these Terms. The Consumer Arbitration Rules are available online at https://www.adr.org/sites/default/files/Consumer%20Rules.pdf. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a
location which is reasonably convenient to both parties with due consideration of their ability to travel and other
pertinent circumstances. If the parties are unable to agree on a location, the American Arbitration Association
(AAA) or an arbitrator will determine the location. The arbitrator’s decision will follow the provisions of these
Terms and will be final and binding. The arbitrator will have the authority to award temporary, interim, or
permanent injunctive relief or relief providing for specific performance of these Terms, but only to the extent
necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the
arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the
foregoing, nothing in these Terms will preclude you from bringing issues to the attention of federal, state, or local
agencies and, if the law allows, they can seek relief against us for you.
The Digital Millennium Copyright Act of 1998 (DMCA) provides recourse for copyright owners who believe that
material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that
materials available on the Site infringe your copyright, you (or your agent) may send to Company a written notice
by mail or email, requesting that Company remove such material or block access to it. If you believe in good faith
that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to
Company a counter-notice. Notices and counter-notices must meet the then-current statutory requirements
imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices must be sent in
writing to Company Copyright Agent as follows: By mail to 1023 Springdale Road, STE 9, Austin, TX 78721; or by
email to admin@krokit.com. Company Copyright Agent’s phone number is 908-938-6645.
We suggest that you consult your legal advisor before filing a DMCA notice or counter-notice.
These Terms do not, and will not be construed to, create any partnership, joint venture, employer-employee,
agency, or franchisor-franchisee relationship between you and Company. If any provision of these Terms is found to
be unlawful, void, or for any reason unenforceable, that provision will be deemed severable from these Terms and
will not affect the validity and enforceability of any remaining provision. You may not assign, transfer, or sublicense
any or all of your rights or obligations under these Terms without our express prior written consent. We may assign,
transfer, or sublicense any or all of our rights or obligations under these Terms without restriction. No waiver by
either party of any breach or default under these Terms will be deemed to be a waiver of any preceding or
subsequent breach or default.
Any heading, caption, or section title contained herein is for convenience only, and in no way defines or explains
any section or provision. All terms defined in the singular will have the same meanings when used in the plural,
where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in these
Terms will be construed as if followed by the phrase “without limitation.” These Terms, including any terms and
conditions incorporated into these Terms, are the entire agreement between you and Company relating to the
subject matter hereof, and supersede any and all prior or contemporaneous written or oral agreements or
understandings between you and Company relating to such subject matter. In the event of any conflict between the
provisions of these Terms and the provisions of any terms incorporated herein by reference, the provisions of these
Terms will govern. Notices to you (including notices of changes to these Terms) may be made via posting to the Site
or by email (including in each case via links), or by regular mail. Without limitation, a printed version of these Terms
and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon,
or relating to, these Terms to the same extent and subject to the same conditions as other business documents and
records originally generated and maintained in printed form. Company will not be responsible for any failure to
fulfil any obligation due to any cause beyond its control.
You are responsible for complying with United States export controls and for any violation of such controls,
including any United States embargoes or other federal rules and regulations restricting exports. You represent,
warrant, and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S.
government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist
supporting” country; or (b) on any of the U.S. government lists of restricted end users.
Site © 2023 unless otherwise noted. All rights reserved.
If you have a question or complaint regarding the Site, please send an email to patrick@krokit.com. You may also
contact us by writing to 1023 Springdale Road, STE 9, Austin, TX 78721, or by calling us at 908-938–6645. Please
note that email communications will not necessarily be secure. Accordingly, you should not include debit/credit
card information or other sensitive information in your email correspondence with us. California residents may
reach the Complaint Assistance Unit of the Division of Consumer Sites of the California Department of Consumer
Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800)
952-5210.
