GENERAL

 

This website is operated by KCC Fundraising. Throughout the site, the terms “we”, “us” and “our” refer to KCC Fundraising. KCC Fundraising offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting our site and / or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and / or available by hyperlink. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. Any new feature, tool, or content which is added to the current store shall also be subject to the 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. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. 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. A breach or violation of any of the Terms will result in an immediate termination of your Services.

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SHIPPING

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Subscription products will generally be shipped within 1-7 days of the date of purchase. Subscription products shipped within the US will generally arrive 1-7 days later, based on the normal shipping times of our carrier. In the event that there is an exception to the normal shipping schedule, you may be notified with a revised shipment arrival date.

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RISK OF LOSS

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All products purchased from us will be shipped by a third party carrier. As a result, title and risk of loss for all products will pass to you upon our delivery to the carrier. You are liable for submitting the correct shipping address. All changes to shipping address must be submitted at least 24 hours prior to the 1st of the month (when orders are renewed). KCC Fundraising is not to be held responsible for any lost, stolen, melted, damaged, or destroyed items as a result of the shipping process.

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RETURNS AND REFUNDS

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Due to the perishable nature of the product we are unable to accept returns.

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GENERAL BILLING

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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. Prices are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you are responsible for payment of all such taxes, levies or duties.

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BILLING FOR SUBSCRIPTIONS

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By purchasing a subscription product, you agree to pay the listed price on a recurring basis to be charged every four weeks from the original date of sign up. In addition, an initial payment for the first month of the subscription will be charged immediately upon signing up, and will cover the payment for the first month of the subscription. KCC Fundraising will automatically bill your credit card provided during the initial purchase for the listed amount every four weeks. If any fee cannot be charged to your credit card for any reason, we may provide you, via email, notice of such non-payment and a link for you to update your payment information. If such non-payment is not remedied within 7 days after receiving notice of non-payment, then we may terminate the subscription.

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MODIFICATION TO THE SERVICE AND PRICES

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Prices for our products are subject to change without notice, excluding subscription products with recurring payments. Customers with active subscriptions will be given notice of any price changes to their recurring payment amount at least 10 days in advance of the next payment date. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. In the event that a subscription product is discontinued, all active subscribers will be notified of the discontinuation and their recurring payments will cease. In addition, any customers which purchased pre-paid subscription products (i.e. gifts or annual subscriptions) will be refunded for the portion of remaining months left on the subscription.

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ACCURACY OF INFORMATION

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We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

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ERRORS, INACCURACIES, AND OMISSIONS

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Occasionally there may be information on our site or in the Service 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 in the Service or on any related website 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 in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

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DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

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We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service 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 KCC Fundraising, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, 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), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service 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 service or any content (or product) posted, transmitted, or otherwise made available via the service, 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.

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INDEMNIFICATION

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You agree to indemnify, defend and hold harmless KCC Fundraising and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your 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.

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SEVERABILITY

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

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TERMINATION

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The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. 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 this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

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ENTIRE AGREEMENT

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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 Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, 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.

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CHANGES TO TERMS OF SERVICE

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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. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.