TERMS & CONDITIONS
The site is to be used solely for noncommercial and personal use in agreement with these Terms. Any communications posted by you are your own responsibility. These communications may come in the form of, but are not limited to: transmission, uploading, and posting information to Kernel Crate’s Site. You agree upon this responsibility and hereby accept the consequences for your communications. In order to use any of this Site’s content, prior written consent is needed from the Kernel Crate. Without this consent, you may not modify copy, distribute, recreate, or publish any of the Site’s content, including but not limited to products, descriptions, images, or videos. In addition, you may not sell (in part or in full), recreate, or exploit any products or content available on the Site. All users must agree to not use the Site for any of the following purposes:
• Engaging in any form of criminal offense or action that would constitute violation of any law or regulation;
• Interference in any way with the Site’s or Company’s network security, or unlawful access to any unauthorized information or content;
• Posting communications that are untrue, inaccurate, plagiarized, or offense to general public;
• Infringement on any intellectual property or private information of another person, business, or entity.
You may not use any program or device to reproduce or store information or content available on the Site. Such programs include but are not limited to robots, spiders, or any other data mining techniques. In addition, you may not manipulate the Site or its content either automatically or manually. You may not inhibit, restrict, modify, or interfere with the Site or any of its users.
MEMBERSHIP AND REGISTRATION
AGE RESTRICTION AND TERMINATION
UNAUTHORIZED, ILLEGAL, AND FRAUDULENT ACTIVITY
In order to protect the Company and the Site’s users, we reserve the right to screen any orders, memberships, or published content for unauthorized, illegal, or fraudulent activity. The Company herein reserves the right to cancel, terminate, or refuse any orders, memberships or publications suspected of malicious use. If suspected, we may reject your actions or orders and may contact you with submitted information for confirmation. In addition, we may refuse to ship orders to certain addresses suspected of fraudulent behavior. These are actions are taken to protect both the Company, its employees, and customers.
Kernel Crate offers four product types: monthly subscriptions (“Monthly Subscriptions”), prepaid subscriptions (“Prepaid Subscriptions”), one-time purchases (“One-Time Purchases”), and prepaid gift purchases (“Gift Purchases”). Each product type stated has its own terms, which are expanded below.
Monthly Subscriptions and Prepaid Subscriptions automatically renew and have both an initial payment and a recurring payment. By confirming your order, you accept responsibility for all future and recurring charges prior to cancellation. Your subscription will automatically extend successively each month you are active, and in accordance, each payment will automatically be charged successively each month or prearranged amount of time at that specific month’s current subscription rate. You may cancel your subscription at any time by logging in to your account and following the cancellation procedures. You may also email us, and we will manually cancel your subscription. In order for your subscription to be cancelled, the aforementioned actions must be taken. If you decide to cancel, your subscription will continue until the end of the subscription term. In addition, subscriptions charges will automatically renew every month on the recurring date designated by the parent order unless cancelled. Having said this, Kernel Crate reserves the right to change the charge date at any time, but will offer notice of changes 30 days before taking place. Your order will be shipped within 7-10 business days of purchase.
One-Time Purchases require only a single order and do not automatically renew from month to month. Once purchased, you cannot cancel a One-Time Purchase and the prepaid amount is non-refundable. Your order will be shipped within 7-10 business days of purchase. By submitting your order, you agree to these terms and conditions.
INFORMATION ON WHAT OUR PRODUCTS CONTAIN
A full list of ingredients is located within each shipment. In each shipment, we also provide any information on allergens that may be in the product including, but not limited to: wheat, milk, eggs, peanuts, tree nuts (of any and all kinds), soy or soy beans. Our products do not contain peanuts or tree nuts, nor have any of the ingredients been made or processed in facilities that contain nuts or tree nuts. Having said this, please read all ingredient lists and nutrition facts that are located in each box. As all of our products are prepared in the same environment, we are unable to guarantee that our products are completely free from any of the ingredients/substances listed above. We include nutritional information relating to each product located inside of your box.
LIMITED QUANTITIES AND PRODUCT DESCRIPTIONS
At times, some information on the Site may unintentionally contain errors or inaccuracies in prices, product descriptions, or any other content. Kernel Crate will correct these errors without liability in an effort to maintain quality and reliable information. Any of our product qualities may be limited at any time and we reserve the right to cancel, revise, or suspend any promotional events without notice based on limitation of products. These revisions or terminations may be made after an order has been submitted. Kernel Crate does not guarantee that all of the promoted products on the Site will be available.
INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS
By agreeing these Terms, you acknowledge that any content, images, logos, trademarks, videos, text, and other elements available on the Kernel Crate site are strictly protected as property of Kernel Crate. These elements are protected by copyright, trademark, and/or other laws governing proprietary rights and you may be subjected to penalty for unlawfully infringing upon the elements. The Kernel Crate brand has been submitted and is pending a trademark cannot be used in any way without written consent from the Company. You may not sell, distribute, reproduce, publicly display, edit, or create derivatives from any content, text, or materials located on the Site. Aside from what is expressed in these Terms, you are not granted a license and no rights are given upon accessing or using the Kernel Crate Site. Rights not expressed in these Terms are reserved solely by Kernel Crate.
CONTENT CONTRIBUTION GUIDELINES AND REGULATIONS
From time to time, Kernel Crate may offer users opportunities to engage with the Site by posting content. Our goal is to create an environment that promotes value and community with our users. When posting content on the Site, be sure refer to these guidelines:
• Submission of any material onto the Site grants Kernel Crate a perpetual and irrevocable license to use, copy, or distribute the aforementioned materials. This license is nonexclusive and royalty-free. Also, you acknowledge that any information, content, or material posted on the site does not infringe on any copyright, trademark, or any other proprietary laws. In addition, all posted content must be free from offensive material and must not be unlawful or libelous. Kernel Crate is entitled to use the submitted content without and financial, confidential, or compensational obligation.
• Kernel Crate reserves the right to prohibit any posted material at any time without warrant or reason. Posted material may be taken down at any time without notice if deemed inappropriate for the Site.
• Contributions may not include any personal information such as emails, addresses, phones numbers, or identification numbers even with consent.
• Any materials that are deemed threatening or abusive are strictly prohibited and may result in revocation of memberships and usage rights if posted. This includes the use of discriminatory language or obscenities not appropriate for a public forum.
• Content that may be referred to as “spam” is prohibited. This includes without limitation references to other businesses, products, or websites; offers or events; and unlawful attempts to attract traffic.
• You may not post any content that may be seen as derogatory toward another user or their postings. In addition, you may not falsify or change in any way other author’s contributions.
• Posting files or software that contains any type of malicious viruses or corruptive materials is strictly forbidden and may result in lawful action.
If any of the aforementioned guidelines are not followed or misused, the Company reserves the right to take the necessary actions against the submitting user. If at any time you wish to share feedback about products, pricing, delivery, or any other customer services issues please do not post them on the Site. Please send any inquiries or feedback to us directly at [email protected]
By acknowledging these Terms, you agree and assume all responsibilities and risks associated with the use of the Site. THE COMPANY, THE SITE, AND ALL CONTENT, PRODUCTS, OR OTHER INFORMATION ON OR ACCESSIBLE THROUGH THE SITE OR ANY USAGE OF THE SITE ARE PROVIDED “AS IS” OR “AS AVAILABLE”. THESE ITEMS AND CONTENT ARE AVAILABLE WITHOUT WARRANTY OF ANY KIND. KERNEL CRATE CANNOT GUARANTEE THAT THE INFORMATION ON THE SITE IS CORRECT OR ACCURATE, THAT ITS FUNCTIONS ARE NOT UNINTERRUPTED OR ERRORLESS, OR THAT THE SITE’S SERVER IS FREE FROM ALL VIRUSES OR OTHER HARMFUL COMPONENTS. Kernel Crate cannot make any warranties regarding other sites or third parties including partnerships. Further, the Company cannot guarantee any products or services by third parties that may be available on the Site.
State and local sales tax may be added on to your order if necessary and applicable. The Company shall only charge tax on orders from state where the goods sold on the internet are taxable.
STATEMENT OF INDEMNIFICATION
LIMITATION OF LIABILITY
IN NO EVENT SHALL THE COMPANY, OFFICERS, EMPLOYEES, OR THIRD PARTIES PROVIDING PRODUCTS OR CONTENT ON THE SITE BE LIABLE TO ANY USER OF THE SITE OR ANY PERSON OR ENTITY FOR ANY REASON IN REGARDS TO DAMAGES, LOSS OF USE, LOSS OF DATA, OR LOSS OF PROFITS. IN ADDITION, THE AMOUNT OF LIABILITY HELD BY THE COMPANY SHALL NEVER EXCEED THE AMOUNT PAID TO KERNEL CRATE IN CONNECTION WITH THE ORDER, PURCHASE, OR ANY OTHER EVENT THAT MAY GIVE RISE TO THE AFOREMENTIONED LIABILITY. You agree and acknowledge that the preceding paragraph refers and applies to all content, products, and services available through the Site. Because some state may not allow limitations or exclusion of certain damages, the above disclaimers may not apply to all users.
FOR DOMESTIC USE ONLY
Kernel Crate is controlled and operated from the United States and makes no representations that materials or content provided through the Site are appropriate or available outside the United States. If a user chooses to access the Site from outside the United States, their actions are on their own initiatives and are completely responsible for the conformity of all local laws. The site may for any time without warrant reject or refund any order made from outside the United States.
SHIPPING AND RISK OF LOSS
All products purchased through the Site will be shipped by a third party. Because of this, risk of loss for purchased items will pass to you once the products reach the third party. If a box is returned to the Company because of an insufficient address, a failure to pick the box from the respective shipping vendor, or any other reason, Kernel Crate will offer a refund on the product but not the shipping cost, but you must contact us at [email protected] if your package fails to deliver.
The State of California and its laws shall govern these terms.
Should you have any questions about these Terms, please feel free to contact us at [email protected].
PERSONAL IDENTIFICATION INFORMATION
We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, register on the site place an order fill out a form respond to a survey subscribe to the newsletter and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address, mailing address, credit card information. Users may, however, visit our Site anonymously. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Site related activities.
NON-PERSONAL IDENTIFICATION INFORMATION
We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information.
WEB BROWSER COOKIES
• To improve customer service Your information helps us to more effectively respond to your customer service requests and support needs.
• To personalize user experience We may use information in the aggregate to understand how our Users as a group use the services and resources provided on our Site.
• To improve our Site We continually strive to improve our website offerings based on the information and feedback we receive from you.
• To process transactions We may use the information Users provide about themselves when placing an order only to provide service to that order. We do not share this information with outside parties except to the extent necessary to provide the service.
• To administer a content, promotion, survey or other Site feature
• To send Users information they agreed to receive about topics we think will be of interest to them.
• To send periodic emails The email address Users provide for order processing, will only be used to send them information and updates pertaining to their order. It may also be used to respond to their inquiries, and/or other requests or questions. If User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the User would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email or User may contact us via our Site.
HOW WE PROTECT YOUR INFORMATION
We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site. Sensitive and private data exchange between the Site and its Users happens over a SSL secured communication channel and is encrypted and protected with digital signatures.
SHARING YOUR PERSONAL INFORMATION
We do not sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above. We may use third party service providers to help us operate our business and the Site or administer activities on our behalf, such as sending out newsletters or surveys. We may share your information with these third parties for those limited purposes provided that you have given us your permission.
YOUR ACCEPTANCE OF THESE TERMS