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Legal

Terms of Service and conditions

The following TOS (Terms of Service) and Conditions, and any other rules posted on our Site(s) (collectively the "TOS") constitute an agreement between Kraco Enterprises websites and you, the visitor, governing your access and use of all content and functionalities available at Kraco Enterprise LLC websites, related micro-sites and all other related domain names.

By visiting the Site(s), you are accepting and consenting to the practices described in the TOS. We may modify the TOS from time to time and your continued use of this Site(s) (or any of our other Site(s) following such change shall signify your agreement to be bound by the modified TOS.

Those persons wishing to use our services must read and agree to be bound by our policies relating to those services. In particular, we draw your attention to our policies relating to the terms of purchase and our Privacy Policy. If you are under 18, you must let your parent or guardian know about

Kraco Enterprises LLC websites’ Privacy Policy before you register to use this Site(s) or any of this Site's services.

Please read the TOS and check back often. If you do not agree to any change to the TOS, then you must immediately stop using the Site.

Registration

To use some of the services or features made available to you on this Site(s) you will need to register. When you register you are required to provide information about yourself that is true, accurate, current, and complete in all respects. Should any of your registration information change, please notify us immediately at the following e-mail address ecommerce@kraco.com, or use the Contact Us form found on the Site(s). We may also change registration requirements from time to time.

The account password you provide should be unique and kept secure, and you must notify KRACO ENTERPRISE LLC immediately of any breach of security or unauthorized use of your account. Although KRACO ENTERPRISE LLC will not be liable for your losses caused by any unauthorized use of your account, you may be liable for KRACO ENTERPRISE LLC's losses or others due to such unauthorized use. Please refer to our Privacy Policy for information about how we use your data.

Eligibility to purchase

The purchase of merchandise through KRACO ENTERPRISE LLC WEBSITES is strictly limited to parties who can lawfully enter into and form contracts on the Internet in accordance with the laws of the State of California.

In order to make purchases through the Site(s), you will be required to provide your personal details. In particular, Customers must provide their real name, phone number, e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the Billing information provided.

The Site(s) is available only to individuals who meet KRACO ENTERPRISE LLC terms of eligibility, who have been issued a valid credit/debit card by a bank acceptable to KRACO ENTERPRISE LLC and who have authorized KRACO ENTERPRISE LLC to process a charge or charges on their credit/debit card in the amount of the total purchase price for the merchandise which they purchase. KRACO ENTERPRISE LLC reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.

By making an offer to purchase merchandise, you expressly authorize us to perform credit checks, and where KRACO ENTERPRISE LLC feels necessary, to transmit or to obtain your credit/debit card information or credit report information (including any updated information) to or from third parties solely to authenticate your identity, to validate your credit/debit card, to obtain an initial credit/debit card authorization and/or to authorize individual purchase transactions.

Furthermore, you agree that we may use Personal Information provided by you in order to conduct appropriate anti-fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.

Please refer to our Privacy Policy for further information about how we use your data.

Intellectual property rights

You acknowledge and agree that all copyright, designs, the "look and feel" of the Site(s), trademarks, including KRACO ENTERPRISES LLC, and all other intellectual property rights relating to the Content as herein described, including KRACO ENTERPRISE LLC Software and all HTML and other code contained in this Site(s), shall remain at all times vested in KRACO ENTERPRISE LLC and/or are the property of their respective owners. All such Content, including third party trademarks, designs and related intellectual property rights mentioned or displayed on this Site(s) are protected by federal and state laws and regulations and international treaty provisions. You are permitted to use the Content only as expressly authorized by KRACO ENTERPRISE LLC and/or its third party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Violators will be prosecuted to the fullest extent permissible under applicable law. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited.

Content

In addition to the intellectual property rights mentioned above, "Content" is defined as all information such as the "look and feel" of the Site(s), data files, graphics, text, photographs, drawings, logos, images, sounds, music, video, or audio files on this Site(s). KRACO ENTERPRISE LLC tries to ensure that the information on this Site(s) is accurate and complete. KRACO ENTERPRISE LLC does not warrant or represent that KRACO ENTERPRISE LLC's Content is accurate, error-free or reliable or that your use of KRACO ENTERPRISE LLC WEBSITE's Content will not infringe rights of third parties. Your use of the Site(s) is at your risk. KRACO ENTERPRISE LLC does not warrant that the functional aspects of the Site(s) or KRACO ENTERPRISE LLC's Content will be error free or that this Web Site(s), KRACO ENTERPRISE LLC Content or the server that makes it available are free of viruses or other harmful components. If your use of this Site(s), or KRACO ENTERPRISE LLC website's Content results in the need for servicing or replacing property, material, equipment or data, KRACO ENTERPRISE LLC is not responsible for those costs. Without limiting the foregoing, everything on the Site(s) is provided to you "as is" and "as available" without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, reasonable care and skill, or non-infringement. KRACO ENTERPRISE LLC and its suppliers make no warranties about KRACO ENTERPRISE LLC WEBSITE's content, software text, downloads, graphics, and links, or about results to be obtained from using the Site(s). You bear the entire risk of the completeness, accuracy or usefulness of any Content found on this Site(s). KRACO ENTERPRISE LLC reserves the right to withdraw, temporarily or permanently, any Content from this Site(s) at any time and for any reason. Removal may be immediate and without notice. You confirm that KRACO ENTERPRISE LLC is not liable to you or any third party for any such withdrawal.

No commercial use

This Site(s) is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products, or services contained within this Site(s). You may not use this Site(s), or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site(s).

Your activity

You use this Site(s) at your sole risk. You agree that you will be personally responsible for your use of this Site(s) and for all of your communication and activity on this Site(s). We reserve the right to deny you access to this Site(s), or any part of this Site(s), at any time without notice. If we determine, in our sole discretion, that you engaged in prohibited activities, were not respectful of other users, or otherwise violated the TOS, we may deny you access to this Site(s) on a temporary or permanent basis and any decision to do so is final.

You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Site(s).

You agree not to collect or harvest any personally identifiable information, including account names, from the Site(s), nor to use the communication systems provided by the Site(s) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Site(s) with respect to any submissions made by them.

Third party sites

We may include hyperlinks on this Site(s) to other websites or resources operated by parties other than KRACO ENTERPRISE LLC, including advertisers. KRACO ENTERPRISE LLC has not reviewed all of the sites linked to its Websites and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.

General Warranties

While KRACO ENTERPRISE LLC will use reasonable endeavors to verify the accuracy of any information it places on the Site(s), it makes no warranties, whether express or implied in relation to its accuracy. This Site(s) is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to this Site(s), or any transaction that may be conducted on or through this Site(s) including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.

We make no warranty that this Site(s) will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that this Site(s) or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the materials. We will not be responsible or liable to you for any loss of Content or material uploaded or transmitted through this Site(s).

To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the products available through this Site(s) including but not limited to, implied warranties of satisfactory quality and fitness for a particular purpose. Nothing in these TOS shall limit your rights as a consumer under the laws of the State of California.

You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of this Site(s) and any information provided to or taken from this Site(s) by you.

You agree that, except for death and personal injury arising from our negligence, we will not be liable in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent misrepresentations) or otherwise out of or in connection with this contract, for any economic losses (including without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special or indirect or consequential losses in any case whether or not such losses were incurred by that party arising out of or in connection with the provisions of any matter under the TOS.

Indemnification

At our request, you agree fully to defend, indemnify and hold harmless KRACO ENTERPRISE LLC immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the TOS by you or any other liabilities arising out of your use of this Site(s), or the use by any other persons accessing this Site(s) using your Internet account. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder. This defense and indemnification obligation will survive these TOS and your use of the Site(s) and the Services.

General Legal Terms

  • Complete Terms: The TOS constitute the whole legal agreement between you and KRACO ENTERPRISE LLC and govern your use of the Services and completely replace any prior agreements between you and KRACO ENTERPRISE LLC in relation to the Services. Notwithstanding the foregoing, you understand that KRACO ENTERPRISE LLC may make changes to the TOS from time to time. When these changes are made, KRACO ENTERPRISE LLC will make a new copy of the TOS available. You agree that KRACO ENTERPRISE LLC is under no obligation to provide you with notices regarding changes to the TOS. You understand that it is your responsibility to check the TOS regularly for changes.

  • Modifications to the Services: KRACO ENTERPRISE LLC is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which KRACO ENTERPRISE LLC provides may change from time to time without prior notice to you. You further acknowledge and agree that KRACO ENTERPRISE LLC may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at KRACO ENTERPRISE LLC's sole discretion, without prior notice to you.

  • Confidentiality: You understand that KRACO ENTERPRISE LLC grants the operators of public search engines permission to use spiders to copy materials from the Site(s) for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. KRACO ENTERPRISE LLC reserves the right to revoke these exceptions either generally or in specific cases.

  • Liability in the Event of Breach: You agree that you will comply with all of the provisions of the TOS. You understand that you are solely responsible for (and that KRACO ENTERPRISE LLC has no responsibility to you or to any third party for) any breach of your obligations under the TOS and for the consequences (including any loss or damage which KRACO ENTERPRISE LLC WEBSITE’S may suffer) of any such breach.

  • Rights Not Waived: You agree that if KRACO ENTERPRISE LLC does not exercise or enforce any legal right or remedy which is contained in the TOS (or which KRACO ENTERPRISE LLC has the benefit of under any applicable law), this will not be taken to be a formal waiver of KRACO ENTERPRISE LLC's rights and that those rights or remedies will still be available to KRACO ENTERPRISE LLC.

  • Severability: If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these TOS is invalid, then that provision will be removed from the TOS without affecting the rest of the TOS. The remaining provisions of the TOS will continue to be valid and enforceable.

  • Governing Law: The TOS, and your relationship with KRACO ENTERPRISE LLC under the TOS, shall be governed by the laws of the State of California. You and KRACO ENTERPRISE LLC agree to submit to the exclusive jurisdiction of the State and Federal courts in Illinois, and waive any claim or defense of inconvenient forum or lack of personal jurisdiction in such forum under any applicable law or decision or otherwise.

  • Violation of TOS: Please report any violations of the TOS by emailing ecommerce@kraco.com.

Independent Relationship: You and KRACO ENTERPRISE LLC are independent contractors, and these TOS, including but not limited to submission or distribution of any Content you created, will not, in whole or in part, establish any relationship of partnership, joint venture, employment, franchise or agency between the you and KRACO ENTERPRISE LLC. Neither party will have the power to bind the other or incur obligations on the other's behalf without the other's prior written consent. Neither party is authorized to act as an agent or representative of the other or for or on behalf of the other party in any capacity other than as expressly set forth in the TOS. Neither party shall in any manner advertise, represent or hold itself (or any of its agents) out as so acting or being authorized so to act, or incur any liabilities or obligations on behalf of, or in the name of, the other party, unless specifically provided for in the TOS.

Legal purchase age

If you are under 18, we require that you inform a parent or guardian about KRACO ENTERPRISE LLC WEBSITES's Privacy Policy and Terms and Conditions as well as requiring their consent to the Privacy Policy and Terms and Conditions before registering with KRACO ENTERPRISE LLC websites or placing an order with KRACO ENTERPRISE LLC websites.

Unsolicited Ideas Policy

Kraco does not accept unsolicited ideas, inventions, or suggestions related to current products, product improvements, potential future products, or business opportunities.  Please do not submit any unsolicited ideas, inventions, or suggestions or any other confidential or proprietary information to Kraco unless we have mutually agreed in writing otherwise. 

Pricing, Payment & Promotions

Pricing policy

Prices shown on the Site(s) are in US Dollars and are exclusive of taxes. If you are shipping within the USA, sales tax will only be charged on orders shipping to states where KRACO ENTERPRISES LLC is required to do so. No other tax or import duty will be applied to orders shipped within the USA. All prices and offers remain valid as advertised from time to time. The US Dollar price of a product displayed on the Site(s) at the time the order is accepted will be honored, except in cases of patent error.

Payment

Payment can be made by PayPal account, Visa, MasterCard, Visa Debit, and any other methods which may be clearly advertised on the Site(s) from time to time. Payment will be debited and cleared from your account upon completion of the packing of your order by KRACO ENTERPRISE LLC. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorized by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer.

If the issuer of your credit/debit card refuses to authorize payment to KRACO ENTERPRISE LLC, we will not be liable for any delay or non-delivery. Occasionally, high demand causes us to run out of certain items. If we don't have an item that you have ordered in stock, we'll notify you by email immediately.

We take reasonable care to make our Site(s) as secure as we can. All credit/debit card transactions on this Site(s) are processed using PayPal Merchant Services, a secure online payment gateway that encrypts your card details in a secure host environment. If you are a registered KRACO ENTERPRISE LLC website user, we will securely store your credit/debit card details on our systems. These details will be fully encrypted and only used to process card transactions which you have initiated.

To help ensure that your shopping experience is safe, simple and secure KRACO ENTERPRISE LLC websites use Secure Socket Layer (SSL) technology. Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Site(s).