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LitJoy Crate Terms of Service and Terms of Sale
Updated May 17, 2022
Lit Joy LLC, together with its subsidiaries and affiliates (“LitJoy,” “LitJoy Crate,”, “LitJoy Classics”, “we,” “us,” “our”), owns and operates the LitJoy Crate Services. The LitJoy Crate Services (the “Services”) shall include, without limitation, use of the LitJoy Crate website, the LitJoy Crate service (“LitJoy Crate”), purchase of a LitJoy Crate and/or Box Subscription (defined below), including the goods and/or services included therein and any additional goods or services Lit Joy LLC performs for you via the LitJoy Crate Services.
GENERAL
Eligibility. To use the “Site” http://www.litjoycrate.com you must be, and represent and warrant that you are, of legal age (18 years of age or older, or, if you have parental consent, 13 years of age) and competence. By using the Site on behalf of any third party, you are representing to us that you are an authorized representative of that third party and that your use of the Site constitutes that third party’s acceptance of these Terms. In addition, if you have been previously prohibited from accessing the Site or the website of any of our affiliates, you are not permitted to access the Site.
License to Use the Site. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, non-transferable, and revocable right to access the Site and use the Services for your personal, non-commercial use, and as we otherwise intend. Lit Joy LLC reserves the right to monitor the Service for the purpose of determining that your usage complies with these Terms.
Prohibited Conduct. You may not use the Site or Services other than as expressly permitted by section “License to Use the Site” above. Without limitation, you will not, directly or indirectly: (a) copy, reproduce, modify, distribute, display, create derivative works of or transmit any content on the Site; (b) use the Service or Site commercially; (c) reverse engineer, decompile, tamper with or disassemble the technology used to provide the Service or Site (except as and only to the extent any foregoing restriction is prohibited by a non-waivable provision of applicable law); (d) interfere with or damage the Service, Site, or underlying any technology; (e) impersonate or misrepresent your identity or affiliation; (f)
attempt to obtain unauthorized access to the Service or Site; (g) collect information about users of the Service, the Site, or the Service; (h) violate, misappropriate or infringe a third party’s intellectual property or other right, or any social media platform terms; (i) violate any law, rule, or regulation, or (j) interfere with any third party’s ability to use or enjoy, or our ability to provide, the Service or Site.
YOUR ACCEPTANCE OF TERMS AND PRIVACY POLICY
By accessing or using any part of the Services, including without limitation, purchasing a Box (defined below) or purchasing an item through LitJoy Crate, you agree to be bound by these LitJoy Crate Terms of Service and Terms of Sale (the “LitJoy Crate Terms”), the Lit Joy LLC Terms of Service located at http://www.litjoycrate.com/terms_and_conditions (the “Lit Joy LLC Terms”), and Lit Joy LLC’s privacy policy located at http://www.litjoycrate.com/privacy_policy (“Privacy Policy”) which are incorporated
herein by reference (together, the “Agreement”). Your use of the Service is expressly conditioned upon your assent to all of the terms and conditions of this Agreement to the exclusion of all other terms. If you do not agree to any of these terms and conditions, then please do not use our Services or purchase any Box Subscription.
TERMS AND SERVICES MAY BE MODIFIED AT ANY TIME Lit Joy LLC reserves the right, in its sole discretion, to modify these LitJoy Crate Terms at any time by posting a notice on the Lit Joy LLC website at http://litjoycrate.com, or by sending you a notice via email or postal mail. You shall be responsible for reviewing and becoming familiar with any such modifications. Continued use of the Services by you following such notice constitutes your acceptance of these LitJoy Crate as modified.
ADVERTISEMENT Lit Joy LLC may change, suspend or discontinue the Services at any time. Lit Joy LLC may also impose limits on certain features and Services or restrict your access to parts or all of the Services.
REGISTRATION FOR CERTAIN SERVICES You will be required to register with your email address (“LitJoy Crate User ID”) and select a password to use certain Services. You may not use a name or email of another person with the intent to impersonate that person. You shall provide Lit Joy LLC with accurate, complete, and updated registration information. You shall be responsible for maintaining the confidentiality of your password. Any failure to comply with this provision may result in immediate termination of your account. Lit Joy LLC reserves the right to refuse registration of, or cancel a user account in its discretion. If you begin to register for Services or purchase a Box Subscription by providing your information on the LitJoy Crate website but do not complete your registration or purchase, we may
retain your name and email address and send you an email to remind you complete your registration or purchase, or to provide you with additional offers or details related to the Services. You can opt-out of receiving these emails by clicking the “unsubscribe” link in the email or by contacting us at help@litjoycrate.com.
TERMS SPECIFIC TO LITJOY LLC LITJOY CRATE BOXES
YOU ARE PURCHASING AN AUTO-RENEWAL BOX SUBSCRIPTION Unless you are purchasing a one-time Special Edition or a one-time Gift Box for someone else, all Box Subscriptions automatically renew as described below unless cancelled in accordance with these LitJoy Crate – See CANCELLATION OF YOUR AUTO-RENEWAL BOX SUBSCRIPTIONS below.
Through the LitJoy Crate program, you may purchase a subscription to receive Quarterly shipments of a book and curated items, a book, or curated items. Box Subscriptions are available in a variety of lengths (each, a “Subscription Term”).
Initial Order. Your Box Subscription will begin depending on which Box is available for sale at the time of your initial order. For example, in the month of January, either the January Box or April Box will be available for purchase. If you purchase the current quarter’s Box before the sales end date (January 10th), your Box Subscription will begin in that current quarter and your first Box is expected to ship on the twentieth (20th) of the month of your initial purchase (January 20th). Alternatively, if you purchase an April Box during the month of January (after the 10 th ), your Box Subscription will begin the month of April, and your first Box is expected to ship by the twentieth (20th) day of April.
Auto-Renewing Box Subscriptions. After your initial order and receipt of your first Box, Lit Joy LLC expects to ship subsequent quarterly Boxes prior to or on the 20th of each calendar quarter, or the following business day if the projected shipment date is a holiday. Please note that while we do our best to maintain the projected shipment date, shipments may be delayed as a result of vendor issues, emergencies, severe weather, natural disaster, strikes, acts of government authorities, or other factors beyond Lit Joy LLC’s reasonable control.
Quarter-to-Quarter: If you have chosen a quarterly recurring Box Subscription type (“Quarter-to-Quarter Subscription”), for your first month Lit Joy LLC will charge you the relevant monthly Box Subscription fee at time of sign-up. For each subsequent quarter, you will be charged on the first (1st) of the quarter before your order is shipped.
Long-Term Box Subscription and Box Subscription Upgrades: If you choose a Box Subscription of longer than one quarter, for example, an annual subscription, or if you elect to upgrade your Subscription for an annual period (“Long-term Box Subscription”), the fee for the entire Subscription Term will be charged to you upon signing-up for your Long-term Box Subscription. Subscription Term length cannot be changed until the Subscription Term is up for renewal in accordance with CANCELLATION OF YOUR AUTO-RENEWAL SUBSCRIPTIONS section below. On the last month of the Subscription Term, if the Long-
term Subscription is not cancelled, the Box Subscription will renew with the same Long-Term Box Subscription length as initially purchased.
Gift Subscriptions. If available, you may purchase and designate a purchase of a one-time Box or any Box Subscription as a “gift” for someone else during your order process (“Gift Subscription”). A “gift” may be purchased as a one-time Box in the LitJoy Crate shop at, or as a Box Gift Subscription. Gift Subscription will renew as a Quarter-to-Quarter or Long-Term Box Subscription according to the renewal terms of the original purchase.
CANCELLATION OF YOUR AUTO-RENEWAL SUBSCRIPTIONS
At the end of a Subscription Term, your Box Subscription will automatically renew at the subscription term initially purchased, unless you log in to your LitJoy Crate account and cancel your Box Subscription at any time prior to the first (1st) day of the quarter. For example, should you log in to cancel your Box Subscription any time January 31st – March 31st, you will not incur any charges for the month of April, thereby ending your then-current Subscription Term in January 31st – March 31st. Should you log in and cancel your Box Subscription on April 1st, you will be charged and receive the April Box and then your
Subscription Term ends in April. You will not receive a July Box. If you have a Long-Term Subscription, your Box Subscription will be up for renewal as of the last month of the Long-Term Subscription unless you cancel by the first (1st) day of that quarter. For example, if you have an annual subscription commencing in January and have received a January Box, you must log in to cancel your Long-Term Subscription by December 31st to not incur a charge in January of the next year and receive the January Box. You will be renewed for another Long-Term Subscription. LitJoy LLC may limit quantities of or cancel Box Subscriptions purchased, and we reserve the right to refuse any order. In the event LitJoy LLC needs to change or cancel an order, we will attempt to notify you using the contact information you provided at the time the order was made. LitJoy does not offer cancelations or refunds of orders. Under special circumstances where a refund is offered, refunds will be issued minus any processing fee.
BOX SUBSCRIPTION PRICING MAY CHANGE
LitJoy LLC reserves the right to change the prices and available Box Subscriptions at any time, upon notice to you, provided that any Box Subscription you have already paid for as of the date of such notice will not be affected by such change for the then-current Subscription Term. For avoidance of doubt, the Subscription Term of a Quarter-to-Quarter Subscription is one (1) quarter.
USE OF PROMOTIONAL CODES
LitJoy LLC may, from time to time in its sole discretion, offer certain promotional codes for discounts. Promotional codes are non-transferable and are not redeemable for cash, credit, or toward previous purchases. There is no cash alternative. Furthermore, promotional codes cannot be used in conjunction with any other offer or promotional discount, and must be redeemed by the date published, if provided. Any promotional code may only be used in accordance with the terms provided with that promotional code or on the LitJoy Crate website. Lost promotional codes cannot be replaced. Promotional codes will not be applied to subsequent automatically renewed transactions. Promotional codes are void where prohibited. Any promotional program may be terminated or modified by LitJoy LLC at any time in its sole discretion. Promotional codes may not be used in connection with LitJoy Crate.
GENERAL TERMS
NO RETURNS OR SUBSTITUTIONS
The creative team at LitJoy LLC curate all products offered through the Services, including the contents of each Box and the products selected for LitJoy Crate. We do not allow returns or substitutions of anything in your Box or any product purchased through LitJoy Crate except as provided under our Damaged or Incomplete Items section below. Should LitJoy LLC decide to honor a return or exchange as determined in its sole discretion, we will either send you a replacement item or issue a refund for the damage item. If a replacement is sent, LitJoy requires that the items being replaced be destroyed. All refunds are issued in the original form of payment for all purchases. A third party carrier ships all products; as a result, title and risk of loss for any purchase will pass to you upon our delivery to the Carrier.
YOU MUST PROVIDE ACCURATE INFORMATION
LitJoy LLC will charge all fees for the Services to the credit card that you provide to us. For Box Subscriptions, any updates to your account (i.e. shipping and billing information) must be made prior to the first (1st) day of each calendar quarter for the updated details to apply to the subsequent quarter. If the credit card information you have provided is incorrect or incomplete, or LitJoy LLC is unable to complete a transaction due to your error or omission, we will attempt to contact you and inform you of the problem. Failure to provide accurate and complete shipping and billing information may result in the delay or cancellation of your order or a particular delivery. If you believe you have purchased a Box Subscription or LitJoy Crate product in error, please contact us immediately at help@litjoycrate.com.
SHIPPING AND BILLING INFORMATION
All purchases made through the Services will be shipped and billed to your default shipping address and default payment method identified under “Account Settings” under your account. Orders may be combined and shipped together or shipped separately. Any difference in shipping will not be charged or refunded to the customer if there is a difference in shipping.
PRICING AND SALES TAX
Prices displayed on the Services are quoted in U.S. currency and are valid only in the United States. Sales tax will be determined by the shipping address of the order and will automatically be added to your order in accordance with the current tax rate at time of charge. We do not collect sales tax in all states, only those where we are required to do so, or become required to do so by law in the future.
DAMAGED OR INCOMPLETE CONTENTS If you receive damaged or incomplete products, please contact us at help@litjoycrate.com within two (2) weeks following the arrival date of the order. You will need to include photographic evidence documenting the damaged product in order to receive a replacement product.
DISCLAIMER OF WARRANTIES
Product specifications and other information have either been provided by the vendors or collected from publicly available sources. While LitJoy LLC makes reasonable efforts to ensure that the information provided to you is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on the LitJoy Crate website, an email, and/or contained in your Box. LitJoy LLC makes no warranties or representations whatsoever with regard to any product provided or offered by any vendor, and you acknowledge that any reliance on representations and warranties provided by any vendor shall be at your own risk. Moreover, LitJoy LLC disclaims any responsibility in connection with your use of the products provided through the Services, and any and all
such use shall be at your own risk. The foregoing limitations may not apply to you if you are a resident of New Jersey or another state which does not allow such limitations.
RELEASE OF CLAIMS
You hereby release LitJoy LLC, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of (i) your use of the Services, or (ii) any disputes with any third party and our Services. IF YOU ARE A CALIFORNIA RESIDENT, YOU SHALL AND HEREBY DO WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES
NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL LITJOY LLC OR ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF THE FEES PAID BY YOU THEREFOR OR $100; (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (IV) FOR ANY
MATTER BEYOND LITJOY LLC’S REASONABLE CONTROL. BECAUSE SOME JURISDICTIONS, INCLUDING WITHOUT LIMITATION NEW JERSEY, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY SET FORTH ABOVE, THE ABOVE LIMITATIONS MAY NOT APPLY IF YOU ARE A RESIDENT OF NEW JERSEY OR
ANY OTHER JURISDICTION THAT DOES NOT ALLOW SUCH LIMITATIONS. IN SOME CIRCUMSTANCES, LITJOY LLC MAY BE LIABLE FOR ITS OWN NEGLIGENCE, RECKLESSNESS OR INTENTIONAL MISCONDUCT.
WAIVER AND SEVERABILITY
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. LitJoy LLC shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond LitJoy LLC ‘s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.
GOVERNING LAW AND CHOICE OF FORUM
This Agreement shall be governed by and construed in accordance with the laws of the state of Utah without regard to the conflict of laws provisions thereof. Subject to the arbitration provision and for all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts located in Utah.
NO AGENCY; NO ASSIGNMENT
This Agreement is not assignable, transferable or sublicensable by you except with LitJoy LLC‘s prior written consent. LitJoy LLC may transfer, assign or delegate this Agreement and its rights and obligations without consent. Headings for each section have been included for your convenience, but such headings do not have any legal meaning, and may not accurately reflect the content of the provisions they precede. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind LitJoy LLC in any respect whatsoever.
SURVIVAL OF TERMS
All provisions of the Agreement, which by their nature are intended to survive performance hereof by you or LitJoy LLC, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability, shall survive the completion of the performance, cancellation or termination of this Agreement.
ADA COMPLIANCE STATEMENT
LitJoy Crate is committed to maintaining an accessible environment online for persons with disabilities. We will use reasonable efforts to achieve and maintain the accessibility standard set by the World Wide Web Consortium's Web Content Accessibility Guidelines (WCAG).
What we have done:
We have developed this website with the theme Flex Theme by Out of the Sandbox, and additional design elements for building web content. Our site is built on the Shopify e-commerce platform and hosted by Shopify. All tools currently deployed on our website are also from developers committed to providing an accessible online experience for persons with disabilities. We have run accessibility tests using industry-standard software to identify weaknesses in the accessibility of our website and are working to improve those areas.
How are we doing
Recent tests of our site show an overall accessible environment for persons with disabilities. However, we are committed to improving areas that may still be difficult for persons with disabilities to interpret, navigate or interact with. As a growing and dynamic company, LitJoy recognizes the need for vigilance in our services to make sure any new development complies with our accessibility standards.
How often are we testing
An accessibility scan is performed twice per year in April and October.For questions relating to ADA/Accessibility compliances, please email help@litjoycrate.com
MOBILE PROGRAM TERMS OF SERVICE
The LitJoy mobile message service (the "Service") is operated by Lit Joy LLC (“ LitJoy Crate” , “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
If you opt in to receive Marketing messages, you will receive promotions, specials, and other marketing offers (e.g., cart reminders).
If you opt in to receive Transactional messages, you will receive service-related messages, including updates, alerts, and information (e.g., order updates, account alerts, etc.).
Both services will be sent from LitJoy via text messages through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list.
You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with LitJoy Crate. Your participation in this program is completely voluntary.
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply from your wireless provider. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
You may opt-out of the Service at any time. Text the single keyword command STOP to +1 (855) 905-5872. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other LitJoy Crate mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance, text HELP to +1 (855) 905-5872 or email help@litjoycrate.com.
We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice https://litjoycrate.com/policies/privacy-policy.
CONTACT US WITH QUESTIONS
Should you have any questions regarding these LitJoy Crate Terms you may contact us at LitJoy Crate, 1375 S. 500 E., Ste. 145, American Fork UT 84003 or by email at help@litjoycrate.com.
