Who we are

Our website address is: http://kristmaskringle.com

TERMS OF USE AGREEMENT

The Terms of Use Agreement ( “Agreement” ) applies to use of the Kristmas Kringle Shoppe, Ltd. ( “KKS” ) website located at http://www.kristmaskringle.com and http://kristmaskringle.tamretail.net (collectively the “Site” ). BY USING THIS SITE, YOU THE USER OF THIS SITE (“YOU”) AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE, DO NOT USE THE SITE. The Site is the property of KKS. KKS reserves the right, at its sole discretion, to change, add or remove portions of this Agreement at any time. It is your responsibility to check this Agreement each time before using the Site. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. You agree that all purchases by you will be subject to the terms of this Agreement, which shall apply until KKS posts a modified Agreement at which point your purchases will be subject to such modified Agreement. As long as you comply with this Agreement and any such modifications, KKS grants you a personal, non-exclusive, non-transferable, non-sublicensable, limited privilege to enter and use the Site.

1. Registration; Customer Accounts; Use of Site. Before making any purchases, you must first establish a customer account (“Account”). You are responsible for maintaining the confidentiality of your Account information, including your password, and for all activity that occurs under your Account. You agree to notify KKS immediately of any unauthorized use of your Account or password, or any other breach of security. You may be held liable for losses incurred by KKS or any other user of the Site due to someone else using your password or customer Account. You may not use anyone else’s password or customer Account at any time. You may not attempt to gain unauthorized access to the Site. Should you attempt to do so or assist others in doing so then your Account will be terminated. You agree to provide us with accurate, current and complete information about yourself and your billing information as prompted by the Account registration process. You may update any of your Account information, designate a different credit card to be billed, or change the applicable expiration date on your currently designated credit card, by clicking on the Account button and selecting the appropriate link. You also agree that KKS may, in its sole discretion and without prior notice to you, terminate your access to the Site and your Account for any reason, including without limitation: (1) attempts to gain unauthorized access to the Site or assistance to others’ attempting to do so, (2) discontinuance or material modification of the Site or any service offered on or through the Site, (3) violations of this Agreement, (4) failure to pay for purchases, (5) suspected or actual copyright infringement, (6) unexpected operational difficulties, or (7) requests by law enforcement or other government agencies. You agree that KKS will not be liable to you or to any third party for termination of your access to the Site.

2. Content; Copyright and Trademark Notice. All text, images, graphics, photographs, trademarks, logos, artwork and other content on the Site (collectively, “Content” ), including but not limited to the design, selection, arrangement, and coordination of such Content on the Site is owned or licensed by or to KKS, and is protected by copyright, trade dress, and trademark laws, and various other intellectual property rights laws. Except as expressly provided in this Agreement, no part of the Site and no Content may be reproduced, distributed, published, posted, publicly displayed, compiled, translated or transmitted in any way without KKS’ prior express written consent. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets, trade dress, rights of publicity or trademarks with respect to any of the Content, and KKS reserves all rights not expressly granted hereunder. KKS expressly disclaims all responsibility and liability for uses by you of any Content obtained on or in connection with the Site.

Kristmas Kringle™ is a trademark or service mark of KKS. All custom graphics, icons, logos and trade names are trademarks or service marks of KKS. All other trademarks or service marks are property of their respective owners. The use of any KKS trademark or service mark without KKS’ express written consent is strictly prohibited.

3. Consent to Collection, Use & Disclosure of Your Personal Information. As more fully described in our Privacy Policy , which is expressly incorporated into the Agreement by this reference, you must disclose certain personal information to register and make purchases. As a condition of registering with the Site or making any purchases of any products or conducting any transactions, you represent that you have first read our Privacy Policy and consent to the collection, use and disclosure of your personal information and other information as described in our Privacy Policy. Our Privacy Policy’s terms and conditions will change from time to time, and as a condition of browsing the Site, using any features or making any purchase, you agree that you will first review our Privacy Policy prior to making any initial or subsequent use of the Site or purchases.

While KKS takes reasonable steps to safeguard and to prevent unauthorized access to your personal information, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your private information. IN NO EVENT SHALL KKS BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY’S UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT, ECONOMIC LOSS OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER KKS WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.

4. Conditions of Sale and Payment Terms. To purchase any goods and/or services on our Site, you must (a) be at least eighteen (18) years of age or the applicable state age of majority, and (b) be a resident of the United States. Prior to the purchase of any goods on our Site, you must provide us with a valid credit card number and associated payment information including all of the following: (i) your name as it appears on the card, (ii) your credit card number, (iii) the credit card type, (iv) the date of expiration and (v) any activation numbers or codes needed to charge your card. By submitting that information to us, you hereby agree that you authorize us to charge your card at our convenience but within thirty (30) days of credit card authorization. All sales of products are final. All charges from those sales are nonrefundable.

5. Methods of Payment, Credit Card Terms and Taxes. All payments must be made by VISA, MasterCard, Discover, or American Express (each of which may be removed by KKS in its sole discretion). We do not accept any other payment form. If we offer or accept any other form of payment, you hereby agree to all restrictions, terms and conditions associated with such additional form of payment. Your card issuer agreement governs your use of your designated card, and you must refer to that agreement and not this Agreement to determine your rights and liabilities as a cardholder. YOU, AND NOT KKS, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify KKS of any discrepancies within sixty (60) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you for all purposes. If KKS does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by KKS or its agents. You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes. KKS shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within Wisconsin.

6. Order Acceptance Policy. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. KKS reserves the right at any time after receipt of your order to accept or decline your order for any reason. Your order will be deemed accepted by KKS upon shipment of products that you have ordered. Title to goods and all risk of loss passes to you upon delivery to the common carrier. KKS is a reseller of products and does not accept orders from other resellers.

7. No Responsibility To Sell Mispriced Products Or Services. KKS shall have the right to refuse or cancel any orders placed for products listed at an incorrect price or containing any other incorrect information or typographical errors. KKS shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, KKS shall immediately issue a credit to your credit card account in the amount of the charge.

8. Modifications to Prices or Billing Terms. KKS RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR PRODUCTS SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE.

9. Other Businesses. KKS may provide links to the sites of affiliated companies and/or certain other businesses. KKS is not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. KKS does not assume any responsibility or liability for the actions, product, and content of any of these and any other third parties. You should carefully review their privacy statements and other conditions of use.

10. Indemnification. You agree to indemnify and hold harmless KKS and its affiliates, licensors, officers, directors and employees from any claim or demand, including reasonable attorneys’ fees, made by any third party arising out of or related to your violation of this Agreement, or your violation of any law, regulation or third-party right.

11. Warranty; Disclaimer of Warranties. PRODUCTS SOLD ON THE KKS SITE ARE WARRANTED ONLY BY THE MANUFACTURER. EXCEPT AS EXPLICITLY PROVIDED HEREIN, THE SITE, PRODUCTS, SERVICES, CONTENT, ARTWORK, DATA, AND INFORMATION ARE PROVIDED “AS IS.” EXCEPT AS EXPRESSLY STATED HEREIN, KKS EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO OR REFERENCED BY THE KKS SITE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF ACCURACY, TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR QUALITY OF DATA AND FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES OR CORRESPONDENCE TO DESCRIPTION.

12. LIMITATION OF LIABILITY. THE ENTIRE RISK ARISING OUT OF THE USE OF THE SITE AND THE USE OF ANY PRODUCTS OFFERED ON OR IN CONNECTION WITH THE SITE REMAINS WITH YOU. IN NO EVENT SHALL KKS OR ITS LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE ANY PRODUCTS, CONTENT AND/OR THE PROVISION OF OR FAILURE TO PROVIDE PRODUCTS OR CONTENT OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF OR INABILITY TO USE THE KKS SITE WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, ECONOMIC LOSS, STRICT LIABILITY OR OTHERWISE EVEN IF KKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY CONTAINED HEREIN. NOTWITHSTANDING ANYTHING ELSE IN THIS TERMS OF USE OR POSTED ON THE SITE, THE MAXIMUM LIABILITY THAT KKS SHALL HAVE IS LIMITED TO ANY AMOUNTS ACTUALLY PAID TO KKS BY YOU. ORDER INFORMATION SUCH AS BILLING OR SHIPPING ADDRESS THAT IS INACCURATE OR INCOMPLETE MAY RESULT IN DELAYS THAT ARE NOT THE RESPONSIBILITY OF KKS. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES AND LIMITED REMEDIES SET FORTH HEREIN REPRESENT AN INSEPARABLE ALLOCATION OF RISK (INCLUDING, WITHOUT LIMITATION, IN THE EVENT OF A TOTAL AND FUNDAMENTAL BREACH OF THIS TERMS OF USE) THAT IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.

13. General. No delay or failure to take action under this Agreement shall constitute any waiver by KKS of any provision of this Agreement. If any provision of this Agreement is invalid or unenforceable under applicable law, it is deemed enforceable to the fullest extent possible (and severable in the event such provision is completely unenforceable) and the remaining provisions of this Agreement will continue in full force and effect. This Agreement will bind and inure to the benefit of KKS’ permitted successors and assigns. Any claim under the Agreement must be brought within one (1) year after the cause of action arises. This Agreement shall be governed by the laws of the State of Wisconsin without regard to or application of any conflict of laws provisions. You consent to the exclusive jurisdiction of the state and federal courts sitting in the State of Wisconsin. This Agreement is personal to you and may not be transferred, assigned or delegated to anyone. Any attempt by you to assign, transfer or delegate this Agreement shall be null and void. KKS may freely assign this Agreement and/or the right to receive payment without consent or notice. Purchase orders are accepted for accounting purposes only and any additional or different terms on such purchase order are expressly objected to by KKS. This Agreement (including all documents expressly incorporated herein by reference constitutes the complete and exclusive agreement between KKS and you with respect to the subject matter hereof and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein.

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All Rights Reserved. ©2020 Kristmas Kringle Shoppe Ltd. and Jeff Meisenburg.