This website is operated by Kid Curated Books, LLC (d/b/a Kid Curated Books). Throughout the site, the terms “we”, “us” and “our” refer to Kid Curated Books, LLC (d/b/a Kid Curated Books).  Kid Curated Books, LLC offers this website, kidcuratedbooks.com (the “site”), and all services, information and tools provided via the site, including, without limitation, our Subscriptions (as such term is defined below), pre-made boxes, add-ons and gift cards (collectively, the “Service”), to you, the user (referred to herein as “you” or “your”), conditioned upon your acceptance of all terms, conditions, policies and notices referenced herein and/or made available to you herein by hyperlink (collectively, the “Terms & Conditions”).

By visiting our site and/ or purchasing something from us, you engage in our Service and agree to be bound by these Terms & Conditions. These Terms & Conditions apply to all users of the site, including, without limitation, users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms & Conditions carefully before accessing or using our site. By accessing or using any part of the site, you agree to be bound by these Terms & Conditions. If you do not agree to all the terms and conditions of this agreement, then you may not access the site or use any services. If these Terms & Conditions are considered an offer, acceptance is expressly limited to these Terms & Conditions.

Any new features, tools or products which are added to the current store available on our site, or the site itself, shall also be subject to the Terms & Conditions. You can review the most current version of the Terms & Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms & Conditions by posting updates and/or changes to our site.  It is your responsibility to check this page periodically for changes. Your continued use of or access to the site following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services, including the Service, to you.

USAGE TERMS

By agreeing to these Terms & Conditions, 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.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the site through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms & Conditions.

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

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.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

ACCOUNTS

There is an option to register for an account with Kid Curated Books (“Account”) and provide certain information about yourself as prompted by the site registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information.  You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.  You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account.  You agree to immediately notify Kid Curated Books of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security.  Kid Curated Books cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

ORDERING SUBSCRIPTION BOXES

If you order our monthly book subscription Service (a “Subscription”), it will auto-renew on the 5th day of each month until you cancel your Subscription in accordance with the Cancellation Policy below and/or the directions on the site.  As long as you place your Subscription order by the 5th day of the month, your first box of books will ship on the 15th day of that same month.  If you place your Subscription order after the 5th day of the month, your first box of books will ship on the 15th day of the following month.  Thereafter, your Subscription will ship on the 15th day of each month until you cancel your Subscription in accordance with the Cancellation Policy below and/or the directions on the site.

PAYMENT TERMS

For each Subscription, pre-made box, add-on or gift card (each, a “Product”) you order on the site, you agree to pay the price applicable for that Product as of the time you submit your order (“Product Price”), the shipping fees for the shipping service you select (“Shipping Fees”), and any applicable Taxes (defined below). If you order a Subscription, then you agree to pay the applicable Product Price, Shipping Fees, and Taxes upon each auto-renewal date, until you cancel your Subscription in accordance with the Cancellation Policy below and/or the directions on the site.  Your next billing date will be displayed in your Account page for each of your active Subscriptions (“Renews-on date”). We reserve the right to change the timing of our billing for any reason, including, without limitation, in the event your payment method has not successfully settled, there are unforeseen delays that hinder our ability to ship your Product or there are changes to your Account or Subscriptions. Please also note that if your Subscription includes a discounted Product Price for a promotional period, once the promotional period expires, your Subscription will renew at the full Product Price.  As such, if you purchase a Subscription, until such time as you terminate your Subscription in accordance with the directions on the site, you hereby authorize, agree and consent to Kid Curated Books automatically billing your credit card submitted as part of the order process for such amounts that are due with respect to such Subscription. You will be solely responsible for payment of all taxes, fees, duties, and other governmental charges, and any related penalties and interest, arising from the Product purchase (“Taxes”) not withheld by Kid Curated Books, including, without limitation, all Product purchased pursuant to any updated Subscription.  All payments are non-refundable (except as expressly set forth in this document).

SHIPPING POLICY

Products will be shipped via USPS within the United States.  Any delivery dates provided by Kid Curated Books are estimates.  Kid Curated Books reserves the right to make deliveries in installments.  Kid Curated Books will send you an email when your order has shipped and you may review your order and shipping information on your Account.  Currently, we ship only within the US.  Subscriptions that have been ordered and have not been cancelled by the 5th day of each month will ship on the 15th day of that month.  You are responsible for keeping your Account and shipping information accurate and up-to-date and any address changes for a month’s box must be made by the 5th day of the month by 11:59pm CST to be valid for that month’s box.

CANCELLATION POLICY

You can cancel your Subscription at any time.  You must cancel your Subscription by 11:59 PM CST on the 5th day of the month if you do not wish to receive that month’s box.  To cancel, email us at info@kidcurated.com with the name and/or email address of the Account. If you email to cancel between your renewal on the 5th of the month and 11:59 PM CST on that same day, you are eligible for a full refund of your renewal.

RETURN & DAMAGE POLICY

Products offered through our Service, including, without limitation, Subscriptions, are not eligible for return or exchange.  If the Product arrives damaged, send a photo of the damaged Product within 30 days of the date of shipment of the Product to Kid Curated Books at info@kidcurated.com and a replacement will be sent.  If you receive a book you already have through a Subscription, we will issue you a $5 credit to your Account to be applied towards your next month’s Subscription shipment so long as you send us a photo at info@kidcurated.com within 30 days of the date of shipment of the Product of you donating the book to a library.

PROMOTIONS

Please read the official rules that accompany each special offer, coupon, discount, contest and sweepstakes that we may offer or conduct. Special offers, coupons, or discounts cannot be used in conjunction with other offers. Limit one promotion per order.

MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We will not modify the price of your automatically renewing Subscription without providing you with adequate notice and receiving your acceptance of the price change.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

PRODUCTS AND SERVICES

We reserve the right, but are not obligated, to limit the sales of our Products or Services to any person, geographic region or jurisdiction.  We may exercise this right on a case-by-case basis.  We reserve the right to limit the quantities of any Products or Services that we offer. All descriptions of Products or Product Prices are subject to change at any time without notice, at the sole discretion of us.  We reserve the right to discontinue any Product or Service at any time. Any offer for any Product or Service made on this site is void where prohibited.

We do not warrant that the quality of any Products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction.  Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, use, exploit or prepare derivative works of any comments that you forward to us. We are and shall be under no obligation (a) to maintain any comments in confidence; (b) to pay compensation for any comments; or (c) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms & Conditions.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here.

ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to, among other things, 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.

PROHIBITED USES

In addition to other prohibitions as set forth in the Terms & Conditions, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

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 Kid Curated Books, LLC, our affiliates, or any of our or their respective members, managers, principals, 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 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.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Kid Curated Books, LLC, our affiliates, and any of our or their respective parents, subsidiaries, affiliates, partners, members, managers, principals, 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 & Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SEVERABILITY

In the event that any provision of these Terms & Conditions 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 & Conditions. Such determination shall not affect the validity and enforceability of any other remaining provisions.

TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date of these Terms & Conditions shall survive the termination of these Terms & Conditions for all purposes.

These Terms & Conditions are effective unless and until terminated by either you or us. You may terminate these Terms & Conditions 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 & Conditions, 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).

ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms & Conditions shall not constitute a waiver of such right or provision.

These Terms & Conditions and any policies or operating rules posted by us on this site or in respect to the Service constitute 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 & Conditions).

Any ambiguities in the interpretation of these Terms & Conditions shall not be construed against the drafting party.

GOVERNING LAW

These Terms & Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Illinois, United States of America.

CHANGES TO TERMS & CONDITIONS

You can review the most current version of the Terms & Conditions at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms & Conditions by posting updates and changes to our site. It is your responsibility to check our site periodically for changes. Your continued use of or access to our site or the Service following the posting of any changes to these Terms & Conditions constitutes acceptance of those changes.

CONTACT INFORMATION

Questions about the Terms & Conditions should be sent to us at info@kidcuratedbooks.com.

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