Terms of Service

OVERVIEW

This website is operated by Serve Kindness, LLC, a Delaware limited liability company. Throughout the site, the terms “the Company”, “we”, “us” and “our” refer to Serve Kindness, LLC. Serve Kindness, LLC offers this website, including all information and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

These Terms of Service (“Terms of Service” or “Terms”) govern your use of the website (including any affiliated websites), any services provided to you by us, and the activities and transactions conducted through the website (together, the “Services”).

By visiting our site and/ or acquiring Services, you agree to be bound by the following terms and conditions, 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 site and Services, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website or Services. By accessing or using any part of the site and/or Services, you agree to be bound by these Terms of Service. If you do not agree to all such terms and conditions, then you should not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to and conditioned by these Terms of Service.

Your use of the website and acquisition and use of Services are also governed by our Privacy Policy, which is available here:

Any new features or tools which are added to the current on-line store hosted on the website shall also be subject to these 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, which are effective immediately upon posting. It is your responsibility to check this page periodically for changes. If any update or change is unacceptable to you, you should immediately terminate your use of the website and/or Services.Your continued use of or access to the website and/or Services following the posting of any changes constitutes acceptance of those changes.  

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.  Shopify has its own Terms of Service and Privacy Policy, which can be found here:  

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 or Services for any illegal or unauthorized purpose nor may you, in the use of any product or Services, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not post, incorporate, upload or transmit any viruses, malware 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 and use of the website and Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse 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 website, any Service, use of the website or any Service, or access to the website or Service or any contact on the website through which any Service is provided, 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 - OWNERSHIP; PROPRIETARY RIGHTS

The website itself, and each element of the website, are the copyrighted works of the Company and are and shall remain our sole and exclusive property. Unless otherwise specified, neither you nor any other person or entity has any right to copy, display, distribute, republish or create derivative works from the website or any element in any form. 

The information, data, software and content viewable on, contained in, or downloadable from the website (collectively, the "Website Content"), including, without limitation, all text, graphics, charts, pictures, photographs, images, line art, icons, and renditions, are copyrighted by, or otherwise licensed to, the Company or our content suppliers. We also own a copyright of a collective work in the selection, coordination, arrangement, presentation, display and enhancement of the Website Content (the "Collective Work"). All software used on the website (the "Software") is the property of the Company or our software vendors and is protected by United States and international copyright and similar laws. Viewing, reading, printing, downloading or otherwise using the Website Content and/or the Collective Work does not entitle you to any ownership or intellectual property rights in, to or under the Website Content, the Collective Work or the Software. You are solely responsible for any damage, loss, cost or expense resulting from your infringement of the Company's or any third party's intellectual property rights regarding the Company Marks (as defined below), the Website Content, the Collective Work, the Software and/or any other harm incurred by us or our affiliates as a direct or indirect result of your copying, distributing, redistributing, transmitting, posting, displaying, reproducing, publishing or using the same other than strictly in accordance with these Terms.

The trademarks, logos, page headers, graphics, button icons, scripts and product and service marks and names displayed on the website (the “Company Marks”) are the property of Serve Kindness LLC. Without our prior permission, you agree not to display or use the Company Marks in any manner. You may not use any meta tags or any other "hidden text" using the Company Marks without our express prior written consent.  We make no proprietary claim to any third-party name, trademarks or service marks appearing on the website, which are and shall remain the property of their respective owners.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products and Services are subject to change without notice.

We reserve the right at any time to modify or discontinue any product or Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of any product or Service.

SECTION 5 - PRODUCTS OR SERVICES

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 Returns 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 or any other attribute 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 and Services and pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product or Service 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 any Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

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.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store, including credit card information. 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 agree to pay all amounts owed to us, including applicable taxes, in accordance with billing terms in effect at the time the fee or charge becomes payable. The billing terms shall be posted on the website and may be modified from time to time.  We reserve the right to change the amount of, or basis for determining, any fees or charges, and to institute new fees or charges. 

We reserve the right to suspend or terminate your use of the website and Services without notice upon rejection of any card charges or if your card issuer (or its agent or affiliate) seeks return of payments previously made to us when we believe you are liable for the charge. Such rights are in addition to and not in lieu of any other rights or remedies, at law or in equity, available to us. We reserve the right to refer your account to a third party for collection in the event of ongoing default, the costs of which shall be your liability.

It is the Company's goal to provide you with a satisfactory product. Any refunds and returns are processed in accordance with our returns policy. For more detail, please review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” 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 third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available via our website may include materials from third-parties.

Third-party links on the website 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.

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 websites. 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 and services should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send 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 such comments. 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.

We may, but have no obligation to, monitor, edit or remove any content, including comments, that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will 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 any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Services 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  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 on the website, except as required by law. No specified update or refresh date applied on the website should be taken to indicate that all information on the website has been modified or updated.

The website 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 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the website or its content or any Service: (a) for any unlawful purpose; (b) to solicit others, including solicitations 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, disability or other prohibited basis/protected class; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malware or malicious or destructive code that will or may be used in any way that will affect the functionality or operation of the website, any Service or of any related website, 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 website, any Service or any related website, or the Internet. We reserve the right to terminate your use of the website, Services and/or any related website for violating any of the prohibited uses.

We will fully cooperate with any law enforcement agencies and authorities or any court order requesting or directing us to disclose the identity of anyone posting or transmitting any information or otherwise acting in violation of this section.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our website or Services will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the website or Services will be accurate or reliable.

You agree that from time to time we may suspend the online store or website or any Service for indefinite periods of time or cancel access thereto or use thereof at any time, without notice to you.

You expressly agree that your use of, or inability to use, the website or any Service is at your sole risk. The website and all products and services (including the Services) delivered to you through the website are (except as expressly stated by us) provided 'as is' and 'as available' for your use, 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 Serve Kindness, LLC, our directors, officers, managers, members, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, exemplary, 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), product liability, strict liability or otherwise, arising from your use of the website or any of the Services or any products procured using the website, or for any other claim related in any way to your use of the website, Services 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 website, any Service or any content (or product) posted, transmitted, or otherwise made available via the website, even if advised of their possibility. 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 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Serve Kindness, LLC and our parents, subsidiaries, affiliates, partners, officers, directors, members, managers, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of your access to or use of the website or any Service, breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - 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, and such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - 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 your access or use at any time without notice and you will remain liable for all amounts due up to and including the date of termination.

SECTION 17 - ENTIRE AGREEMENT

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 products and Services, including our Privacy Policy, constitutes the entire agreement and understanding between you and us and govern your use of the products and Services, 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).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW; VENUE

These Terms Of Service and use of the website and Services shall be governed by the laws of the Commonwealth of Massachusetts, without regard to its conflict of laws provisions, except where preempted by federal law. You consent to submit to jurisdiction and venue in the state and federal courts located in the County of Middlesex, Commonwealth of Massachusetts and further agree that any cause of action you may bring arising under your use of the website or the Services will be brought by you exclusively in a state or federal court located in Middlesex County in the Commonwealth of Massachusetts.

The website is controlled, operated and intended for use solely within the United States of America.  We do not represent or warrant that the website, any Services, any content, or any use of the website or any such Services or content are appropriate or lawful for use outside of the United States of America.  Use of the Website, Services and content is void where prohibited.

SECTION 19 - 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, which are effective immediately upon posting. It is your responsibility to check our website periodically for changes. If any update or change is unacceptable to you, you should immediately terminate your use of the website and/or Services. Your continued use of or access to our website and/or the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at support@servekindness.com.

Last Updated:  November 14, 2017

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