Terms and Conditions
Terms and Conditions of Kingdom Provisions Shopping Service, LLC.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING ANY ASPECT OF THE KINGDOM PROVISIONS SHOPPING SERVICE OFFERINGS. IF YOU DO NOT AGREE TO THIS AGREEMENT IN ITS ENTIRETY, YOU ARE NOT AUTHORIZED TO USE THE KINGDOM PROVISIONS OFFERINGS IN ANY MANNER OR FORM.
You agree to be bound by the following Terms and Conditions (“Terms”) of Kingdom Provisions Shopping Service, LLC (“Kingdom Provisions,” “we,” “our” or “us”), in their entirety, when you: (a) access or use the MyKingdomProvisions.com website or any other online Kingdom Provisions platform, including the Kingdom Provisions mobile application (collectively, the “Sites”); (b) access and/or view any of the Content (as defined below); (c) order, purchase, receive, sign up to receive, or use any products offered by Kingdom Provisions on the Sites (collectively, the “Products”); (d) access links to Kingdom Provisions’ social media pages/accounts on third-party social media websites or mobile or other platforms, such as Facebook®, Instagram®, Pinterest®, LinkedIn®, Twitter®, Snapchat®, and YouTube® (collectively, “Social Media Pages”); (e) utilize the many interactive features of the Sites designed to facilitate interaction between you, Kingdom Provisions, and other users of the Sites, including, but not limited to, blogs and associated comment sections located in designated areas of the Sites, as applicable (collectively, the “Interactive Services” and together with the Sites, Content, Social Media Pages and any gift cards or promotions sold or offered by Kingdom Provisions, the “Kingdom Provisions Offerings”). If you are using the Sites on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf and that such entity agrees to be responsible to us if you or such entity violates these Terms. The Kingdom Provisions Offerings are owned and operated by Kingdom Provisions. As used herein, the term “Content” includes, without limitation, images, video, audio, stories, text, photographs, graphics, artwork, Kingdom Provisions’ logo and/or any other content featured on the Sites, as well as the underlying software, networks and systems that support the Sites.
Your use of the Sites constitutes your agreement to these Terms. Kingdom Provisions reserves the right to update or modify these Terms at any time without prior notice, and your use of the Sites following any such change constitutes your agreement to the revised Terms.
You should print a copy of these Terms for future reference.
1. INFORMATION ABOUT US
We operate the website www.mykingdomprovisions.com. We are Kingdom Provisions Shopping Service, LLC a limited liability company registered in Vermont.
3. SERVICE AVAILABILITY
Our Sites are only intended for use by people residing in or visiting the Burke Mountain region of Caledonia County in the Northeast Kingdom in Vermont. We will not deliver to individuals outside this region.
4. REGISTRATION, ACCOUNT and COMMUNICATION PREFERENCES
In order to access and use certain areas or features of the Sites, you will need to register for a Kingdom Provisions account. By creating an account, you agree to (a) provide accurate, current and complete account information, (b) maintain and promptly update from time to time as necessary your account information, (c) maintain the security of your password and accept all risks of unauthorized access to your account and the information you provide to us, and (d) immediately notify us if you discover or otherwise suspect any security breaches related to the Sites or your account.
By creating a Kingdom Provisions account, you also consent to receive electronic communications from Kingdom Provisions (e.g., via email or by posting notices to the Sites). These communications may include notices about your account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy.
We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.
5. YOUR STATUS
The Sites are not targeted toward or intended for use by anyone under the age of 18. By using the Sites, you represent and warrant that you:
a) are legally capable of entering into binding contracts;
b) are at least 18 years old;
c) are a legal resident of the United States;
d) have not been previously suspended or removed from the Sites, or engaged in any activity that could result in suspension or removal from the Sites;
e) do not have more than one Kingdom Provisions account; and
f) have full power and authority to enter into these Terms and in so doing will not violate any other agreement to which you are a party.
6. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
After placing an order for Products, accepting these Terms, and providing payment information (an “Order”), you will receive an e-mail acknowledging that we have received your Order and an e-mail acknowledging we have received payment for your Order (the two e-mails collectively, the“Order Confirmation”). Your Order constitutes an offer to us to buy Products and we reserve the right to confirm our supplies and ability to fulfill your Order before sending you the Order Confirmation. The Order Confirmation confirms our acceptance of your Order and the contract between us (“Contract”) will only be formed when we send you the Order Confirmation.
The Contract will relate only to those Products whose delivery we have confirmed in the Order Confirmation. We will not be obligated to supply any other Products which may have been part of your Order until the delivery of such Products has been confirmed in a separate Order Confirmation.
Once you have placed your Order, you may cancel for a full refund only by sending notice of cancellation to firstname.lastname@example.org by 7 pm at least five business days prior to the proposed date of delivery.
PLEASE NOTE. WE DEAL WITH A NUMBER OF SMALL SUPPLIERS AND CAN ONLY PERFORM A LIMITED NUMBER OF DELIVERIES PER WEEK. THEREFORE, WE CANNOT ACCEPT CANCELLATIONS LESS THAN FIVE BUSINESS DAYS PRIOR TO DELIVERY.
Your Order will be fulfilled by the delivery date set out in the Order Confirmation.
8.1 Delivery and Handling
The prices of the Products include delivery charges. We reserve the right to increase, decrease, add or eliminate delivery charges from time to time, but we will provide notice of the charges applicable to you before you make your purchase. Delivery is handled by Kingdom Provisions. When you purchase a Product from Kingdom Provisions, any delivery times shown on the Sites are estimates only.
You agree that any delivery is for your own personal consumption and that you will not re-sell or assign your delivery to a third party.
8.3 Product Inspection
You are responsible for inspecting all Products you receive from us for any damage or other issues upon delivery. In addition, you are solely responsible for determining the freshness of the Products you receive. You should always inspect your delivery to confirm that the meal ingredients arrived in a cool, refrigerated condition. We recommend that you use a thermometer to ensure that the temperature zone within the container in which any meat, poultry or seafood Product is located is 40° F or below. In the unlikely event that such temperature zone is above 40° F, or you have any other reason to believe that any other Product in your delivery is not suitable for consumption, contact us at email@example.com and discard the item. To maintain the quality and integrity of the Products, we recommend that you immediately refrigerate all perishable Products upon delivery and follow the U.S. Department of Agriculture’s (“USDA”) instructions on refrigeration and food safety, which can be found here.
9. CONSUMPTION AND ALLERGENS
Blog posts and other Content on the Sites may contain recipes, meal recommendations, and food information (collectively, “Information”). Such Information may indicate some, but not all, of the ingredients of the various Products delivered by Kingdom Provisions. You should always check the Products and their ingredients and the Information if you have or suspect you have any dietary restrictions or allergens to avoid potential allergic reactions. If you have or suspect that you have an allergic reaction or other adverse health event, promptly contact your health care provider. You should always consult with your physician or other healthcare professional before adopting any dietary advice or consuming any food whether offered by and through Kingdom Provisions or otherwise.
All eight major U.S. allergens as determined by the U.S. Food and Drug Administration (“FDA”) (milk, wheat, egg, soy, fish, shellfish, peanuts and tree-nuts) are stored, portioned and packed in Kingdom Provisions’ facilities. Although Kingdom Provision takes precautions to limit the potential for cross-contamination, cross-contamination may occur between food products, allowing Products offered by Kingdom Provisions to contain some or all of those allergens.
10 PRODUCT RISK AND RESPONSIBILITY
10.1 Assumption of the Risk
Ownership of the Products will pass to you only when we receive full payment of all sums due in respect of the Products, provided, however, the risk of loss passes at the time of delivery. From the time of delivery, the condition and consumption of the Products are solely at your risk, and you are solely responsible for the proper and safe washing, handling, preparation, storage, cooking, use and consumption of the Products following delivery. We recommend that you follow the USDA’s instructions on safe food handling, which can be found on the USDA’s website. We also recommend that all cooking instructions be followed and that you use a food thermometer to ensure that all meat, poultry, seafood and other applicable items are cooked to the USDA’s recommended internal temperatures, which can be found here. Failure to follow safe food handling practices and temperature recommendations may increase the risk of foodborne illness. In addition, pregnant women, young children, the elderly and individuals with compromised immune systems should follow the FDA’s recommendations on food consumption for at-risk groups, which can be found on the FDA’s website.
By agreeing to use our Sites, you acknowledge and agree that food must be safely handled and that even with good food handling practices there is a slight risk for food-borne illness and contamination.
10.2 Disclaimers and Warnings
We try to describe and display the features of all of the Products shown on the Sites as accurately as possible; however, we do not warrant that all Product descriptions, photographs, pricing or other information on the Sites is accurate, complete, current, or entirely error-free and we may make changes at any time and without notice. The colors you see will depend on your monitor and the descriptions we provide often depend on information given to us by others. In addition, the information on the Sites may contain typographical or other human errors and may not be complete or current despite our efforts. All weights and size dimensions may be approximations. IN THE EVENT OF AN ERROR ON OUR SITES, IN AN ORDER CONFIRMATION, IN PROCESSING OR DELIVERING AN ORDER OR OTHERWISE, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, TO EITHER CORRECT SUCH ERROR AND REVISE YOUR ORDER ACCORDINGLY (INCLUDING CHARGING THE CORRECT PRICE) OR TO CANCEL YOUR ORDER AND ISSUE YOU A REFUND. SUCH REMEDIES SHALL BE KINGDOM PROVISIONS’ SOLE LIABILITY AND YOUR SOLE REMEDY FOR ANY SUCH ERROR.
YOU ARE SOLELY RESPONSIBLE FOR THE PROPER AND SAFE WASHING, HANDLING, PREPARATION, STORAGE, COOKING, USE AND CONSUMPTION OF THE PRODUCTS YOU RECEIVE FROM US. YOU ARE ALSO SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES OR SENSITIVITIES YOU MAY HAVE AND VERIFYING THE PRODUCTS AND THEIR CONTENTS BEFORE HANDLING, PREPARING, USING OR CONSUMING SUCH PRODUCTS.
YOU FURTHER AGREE THAT THE PRODUCTS AND OTHER MATERIALS YOU RECEIVE IN YOUR ORDER MAY VARY FROM THE PRODUCTS AND MATERIALS DISPLAYED ON THE SITES DUE TO A NUMBER OF FACTORS, INCLUDING, WITHOUT LIMITATION, SYSTEM CAPABILITIES AND CONSTRAINTS OF YOUR COMPUTER, MANUFACTURING PROCESS OR SUPPLY ISSUES, OR THE AVAILABILITY AND VARIABILITY OF PRODUCTS, DISTINCT COOKING OR OTHER PREPARATION METHODS AND VARIABILITY OF COOKING EQUIPMENT AND APPLIANCES. THE SITES MAY CONTAIN INFORMATION ABOUT PRODUCTS THAT ARE NOT AVAILABLE IN EVERY LOCATION.
A REFERENCE TO A PRODUCT ON THE SITES DOES NOT IMPLY OR GUARANTEE THAT IT IS OR WILL BE AVAILABLE IN YOUR LOCATION OR AT THE TIME OF YOUR ORDER. EXCEPT AS MAY BE PROVIDED IN A WARRANTY BY THE MANUFACTURER OF A PRODUCT, ALL PRODUCTS AND THE KINGDOM PROVISIONS OFFERINGS ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. KINGDOM PROVISIONS DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SITES, CONTENT AND PRODUCTS.
We are not responsible or liable for any Content generated by users (“User Content”). Although we have no obligation to screen, edit or monitor User Content, we reserve the right, and have absolute discretion, to remove, screen or edit User Content posted or stored on the Sites at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Sites at your sole cost and expense.
11. PRICE AND PAYMENT
The prices of the Products include delivery charges and will be as quoted on the Sites, except in cases of obvious error.
All prices are shown in U.S. dollars and applicable taxes and other charges, if any, are additional. We reserve the right to adjust prices as we may determine in our sole discretion, at any time and without notice. Sales taxes are not included in pricing and are subject to state and local regulations. The shipment of Products to you after our delivery of the Order Confirmation will confirm your acceptance of such charges, unless you cancel your Order(s) in accordance with the cancellation policies set forth above.
All of our Products are subject to availability, and we reserve the right to impose quantity limits on any Order to reject all or part of an Order, to discontinue offering certain Products and to substitute Products without prior notice. We strive to provide you with high-quality Products, and given the perishable nature of certain Products and market conditions beyond our control, we may be required to make substitutions from time to time.
Product prices and delivery charges are liable to change at any time, but changes will not affect Orders in respect of which we have already sent you an Order Confirmation.
Payment for all Products must be by PayPal. By paying through PayPal, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third party payment processor) to charge your payment method for the total amount of your Order. If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Order may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with your Order.
12. OUR REFUNDS POLICY
12.1 Returns and Refunds
If you are dissatisfied with a Product or your Order for any reason, please contact us at firstname.lastname@example.org within one (1) business day of the date you received the Products with a detailed description of your complaint.
IF YOU ARE UNHAPPY WITH YOUR ORDER FOR A LEGITIMATE REASON SUCH AS, BUT NOT LIMITED TO, THE ORDER WAS MISSING PRODUCTS, THE PRODUCTS WERE DAMAGED, OR THE PRODUCTS DID NOT ARRIVE, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, TO EITHER PROVIDE REPLACEMENT PRODUCTS, OR ISSUE AN APPROPRIATE REFUND AS LONG AS IT CAN BE SHOWN THAT THE PRODUCTS YOU WERE CHARGED FOR WERE NOT PROVIDED AS THEY SHOULD HAVE BEEN. SUCH REMEDIES SHALL BE KINGDOM PROVISIONS’ SOLE LIABILITY AND YOUR SOLE REMEDY FOR ANY SUCH COMPLAINT.
If you do not comply with the terms of this Section 12.1, you will be ineligible to receive a refund.
13. WRITTEN COMMUNICATIONS
Applicable laws may require that some of the information or communications we send to you should be in writing. When using our Sites, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our Sites. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
All notices given by you to us must be sent to email@example.com. Anything that must be sent by US Mail should be sent to:
PO Box 784
Lyndonville, Vermont 05851
We may give notice to you at either the e-mail or postal address you provide to us when placing an Order. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove through sworn statement, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
14. TRANSFER OF RIGHTS AND OBLIGATIONS
The contract between you and us is binding on you and us and on our respective successors and assignees. You may not transfer, assign, charge or otherwise dispose of a contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a contract, or any of our rights or obligations arising under it, at any time during the term of the contract. Kingdom Provisions reserves the right to sell, assign, or subcontract its business at any time during the parties’ relationship without notice to you.
15. INTELLECTUAL PROPERTY RIGHTS
15.1 Use of the Content on the Sites
All of the Content on the Sites is owned by or under license to Kingdom Provisions and is protected by applicable trademark, trade dress, copyright and other rights. No right, title or interest in any part of the Content on the Sites is transferred to you and you may not use any of Kingdom Provisions’ marks or trade dress in any manner that would lead to confusion as to the source of any product or service, in any manner that would falsely suggest that Kingdom Provisions is affiliated with, endorses, or sponsors any product or service, or in any manner that would disparage our marks and brand. Our Sites may also include references to marks and copyrighted material that belong to other parties. These marks are the property of their respective owners, which may or may not be affiliated or connected with us in some way. We do not authorize you to use any third party’s marks or content.
The Content we choose to make available on the Sites from time to time may be used solely for personal, noncommercial purposes in compliance with all laws and regulations that apply to you. We expect you to use the Sites responsibly and to respect the rights of others. You agree that you shall not:
- access data not intended for you or log onto a server or an account that you are not authorized to use;
- circumvent or modify, attempt to or assist another in circumventing or modifying any security technology or software that is part of our Sites;
- interfere with service to any other user, or the software, networks or systems that we use to bring this website to you, such as by submitting a virus to the Sites or overloading, “flooding,” “spamming,” “mailbombing,” or “crashing” the Sites;
- modify, alter or prepare other works based on the Content, or distribute copies of or publicly perform or display the Content, such as by posting the Content on any network computer or distributing the Content on or in any media, including any effort to decompile, reverse engineer, or otherwise attempt to derive source code, underlying ideas, algorithms, structure, or organization of the Sites;
- use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation any type of spider, web crawler, or robot) to navigate, search, and/or extract information from the Sites other than the search tools available on the Sites and other generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer); -transmit or disseminate any kind of material that contains malware, viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality or operation of the Sites;
- submit or post any material that is violent, libelous, slanderous, promotes racism, bigotry, hatred, or physical harm against any group or individual;
- submit any material that exploits people in a sexual or violent manner, is pornographic or contains nudity, violence or offensive subject matter or contains a link to a website containing such material; or
- use the Sites and their services in a manner that is inconsistent with any and all applicable laws and regulations.
Any violation of these Terms or unauthorized use of any information or materials displayed on or available from the Sites may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations and may result in, among other things, termination of your access to the Sites by Kingdom Provisions in its sole discretion. We have the right, but not the obligation, to remove any submitted or posted content for any reason.
We welcome your comments and suggestions concerning the Sites or any Products we may offer. However, we accept such User Content and suggestions under the condition that you grant to Kingdom Provisions an irrevocable, perpetual, worldwide, royalty-free, transferable license to use, copy, prepare derivative works based on and publicly perform, display and distribute the information and material you submit for any purpose whatsoever, without restriction and without compensating you in any way. You agree that this license is effective automatically (without further action by you) when you submit the information or materials to us. Obviously, you should not send us any information or materials that you do not want to transfer to Kingdom Provisions, or that you are legally prohibited from transferring to us. such as confidential information or product or service ideas that you intend to derive revenue from.
Kingdom Provisions may, at any time and without prior notice, screen, remove, edit, or block any User Content that, in our sole judgment, violates these Terms, is innacurate, outdated or otherwise objectionable. If notified that User Content allegedly does not conform to these Terms, including any notice under the Digital Millennium Copyright Act, we may investigate the allegation and determine, in our sole discretion, what action to take, which may include terminating accounts of repeat infringers and/or removing User Content, which we reserve the right to do at any time and without notice.
You may not use Kingdom Provisions’ trade name, trademarks, service marks or other intellectual property assets or its branded Products and services, such as gift cards, for promotional, advertising or any other commercial purpose, unless and to the extent we otherwise specifically agree in writing.
16. SITE CONTENT AND THIRD PARTY CONTENT
We reserve the right to change any and all Content and to modify, suspend or stop providing access to the Sites (or any features or functionality of the Sites) and the Products at any time without notice and without obligation or liability to you.
The Sites may include links to websites that Kingdom Provisions does not operate. These Terms do not apply to and Kingdom Provisions is not responsible for the operators of those websites. As you navigate through this and other websites, it is important to regularly check the website terms and conditions that may apply.
Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier, vendor or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by us.
We may display content, advertisements and promotions from third parties through the Sites or in shipments with Products (collectively, “Third Party Content”). We do not control, endorse or adopt any Third Party Content, and we make no representations or warranties of any kind regarding such Third Party Content, including, without limitation, regarding its accuracy or completeness. You acknowledge and agree that your interactions with third parties providing Third Party Content are solely between you and such third parties, and that Kingdom Provisions is not responsible or liable in any manner for such interactions or Third Party Content.
17. EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- Strikes, lock-outs or other industrial action;
- Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
- Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
- Impossibility of the use of public or private telecommunications networks; and
- The acts, decrees, legislation, regulations or restrictions of any government.
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
No waiver by us of any of these Terms will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with Section 13 above.
19. NOTICE; INFORMAL DISPUTE RESOLUTION
You and Kingdom Provisions agree that each party will notify the other party in writing of any dispute within thirty (30) days of the date it arises, so that the parties can attempt in good faith to resolve the dispute informally. Notice to Kingdom Provisions shall be sent by certified mail to the address provided in Section 13.2 above.
Notice must include (a) your name, postal address, telephone number, the email address you use or used for your Kingdom Provisions account and, if different, an email address at which you can be contacted, (b) a description in reasonable detail of the nature or basis of the dispute, and (c) the specific relief that you are seeking. Our notice to you will be sent electronically in accordance with our records of your contact information, and it will include (x) our name, postal address, telephone number and an email address at which we can be contacted with respect to the dispute, (y) a description in reasonable detail of the nature or basis of the dispute, and (z) the specific relief that we are seeking. If you and Kingdom Provisions cannot agree how to resolve the dispute within thirty (30) days after the date notice is received by the applicable party, then either you or Kingdom Provisions may, as appropriate and in accordance with these Terms, commence an action in Caledonia Superior Court in the State of Vermont.
20. GOVERNING LAW AND VENUE
These Terms, your access to and use of the Sites and your Order, receipt and use of the Products shall be governed by and construed and enforced in accordance with the laws of the State of Vermont, without regard to conflict of law rules or principles (whether of the State of Vermont or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. The sole and exclusive venue for any dispute between the parties shall be in the Caledonia County Superior Court of the State of Vermont.
Waiver of Damages
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KINGDOM PROVISIONS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, LOSS OR DIMINUTION IN VALUE OF ASSETS OR SECURITIES, OR DAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS OR USE OF THE SITES OR CONTENT OR THE ORDER, RECEIPT OR USE OF ANY PRODUCT OR OTHERWISE RELATED TO THESE TERMS, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT, STRICT PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE).
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF KINGDOM PROVISIONS ARISING OUT OF OR IN ANY WAY RELATED TO THE ORDER, RECEIPT OR USE OF PRODUCTS PURCHASED FROM KINGDOM PROVISIONS, OR ACCESS TO OR USE OF THE SITES OR CONTENT EXCEED THE LESSER OF $250 OR THE AMOUNT YOU PAID TO US IN THE ONE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH YOUR CLAIM AROSE. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IN THE EVENT YOUR REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE, AND THE FOREGOING SHALL CONSTITUTE KINGDOM PROVISIONS’ SOLE LIABILITY AND OBLIGATION IN RESPECT HEREOF, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT, STRICT PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU, ON BEHALF OF YOUR HEIRS, EXECUTORS, ADMINISTRATORS, LEGAL AND PERSONAL REPRESENTATIVES, HEREBY RELEASE, WAIVE, ACQUIT AND FOREVER DISCHARGE KINGDOM PROVISIONS AND THE OTHER KINGDOM PROVISIONS PARTIES FROM AND AGAINST, AND COVENANT NOT TO SUE ANY SUCH KINGDOM PROVISIONS PARTY FOR, ALL CLAIMS YOU HAVE OR MAY HAVE ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE 1542, WHICH STATES “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Sites and to order, receive and use the Products, at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us, to the fullest extent permitted by applicable law.
If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.
24. ENTIRE AGREEMENT
These Terms and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us.
August 16, 2017