Use of the Site: We grant you a personal, limited, non-transferable non-exclusive, license to access and use the Site(s) for your own non-commercial, personal use in compliance with these Terms. We reserve the right, in our sole discretion and without notice to you, to revise the products and services available on the Site and to change, suspend or discontinue any aspect of the Site and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. You are responsible for your own communications, including the transmission, uploading or posting of information to the Site and are responsible for the consequences of such communications. Any other use of the Site requires the prior written consent of Rescue Crate and DevoKit. You may not otherwise copy, modify, or distribute the contents of this Site without the expressed written permission of Rescue Crate and DevoKit. You may not modify, publish, transmit, participate in the transfer of, sell, create derivative works from, or in any way exploit any of the content found on the Site, in whole or in part. All Members ("users" or "subscribers" or "you" or "yours" or "your") are prohibited from using the Site for any of the following purposes (but not limited to):
1. Posting, communicating or transmitting any material that infringes on any intellectual property, publicity or privacy right of another person or entity
2. Posting any information which is untrue, inaccurate or not your own 3. Engaging in conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any law or regulation
4. Attempting to interfere in any way with the Site’s or Rescue Crate and rescuecrates.com DevoKit’s and devokit.com network security, or attempting to use the Site’s service to gain unauthorized access to any other computer system; and
5. Using the Site to drop ship merchandise to third parties
6. You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Site. Further, you may not use any such automated means to manipulate the Site, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Site or any other user's use of the Site, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing” the Site, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms. You may not frame portions of the Site within another web site. You may not resell use of, or access to, the Site to any third party without our prior written consent.
1. Certain applications under the Site may require you to log in through your Facebook account. If you link your Facebook account to a Rescue Crate or DevoKit service, this allows us to obtain information from those accounts (such as your friends or contacts). The information we obtain from those services often depends on your settings or their privacy policies, so be sure to check what those are, and adjust accordingly.
Fraud Protection: As part of our order processing procedures, we may screen received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If we suspect fraudulent, unauthorized or illegal activity, we may reject your order or we may contact you at the phone number or email address you provided to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.
The Subscription: Contract Between You And Us, Rescue Crate and DevoKit. offers three four types: rebillable and auto-renewed monthly subscriptions (One Month Subscription”); prepaid subscriptions of three, six or twelve months (“Term Subscriptions”) and prepaid gift subscriptions either rebillable monthly or prepaid subscriptions of one, three, six, or twelve months (“Gift Subscriptions”).
1. Monthly Subscriptions: By purchasing a Monthly Subscription, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. Your subscription will be automatically extended for successive monthly periods, at the then-current subscription rate. To cancel your Monthly Subscription at any time, you must log on to your account and follow the cancellation procedures or call or email us at email@example.com and we will do it for you. If you cancel, you may be required to use your subscription until the end of your then-current subscription term. Rescue Crate and DevoKit may submit periodic charges (e.g., monthly) without further authorization from you, until you provide prior notice that you have terminated this authorization or wish to change your payment method. Such notice will not affect charges submitted before Rescue Crate and DevoKit reasonably could act.
2. Term Subscriptions: By purchasing Term Subscription, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. Your subscription will be automatically extended for successive monthly periods, at the then-current subscription rate. At the end of the term, your subscription will be automatically extended for another term of three, six or twelve months at the then-current subscription rate. To cancel your Term Subscription at any time, you must log on to your account and follow the cancellation procedures or call or email us at firstname.lastname@example.org and we will do it for you. If you cancel, you may be required to use your subscription until the end of your then-current subscription term. Rescue Crate and DevoKit may submit periodic charges (e.g., monthly) without further authorization from you, until you provide prior notice that you have terminated this authorization or wish to change your payment method. Such notice will not affect charges submitted before Rescue Crate and DevoKit reasonably could act.
Product Information; Limitation on Quantities Excluding any content that may be submitted by Members from time to time and any content accessible via any linked site. We strive to ensure that the information on the Site is complete and reliable. Certain information may contain pricing errors, typographical errors and inaccuracies which we may correct without liability. We also reserve the right to limit quantities purchased by Members and to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted or acknowledged). We do not guarantee that all products described on our Site will be available.
Proprietary Rights You acknowledge and agree that the content (other than content that may be submitted by Members), materials, text, images, videos, graphics, trademarks, logos, button icons, music, software and other elements available on the Site are the property of Rescue Crate and DevoKit or our licensors and are protected by copyright, trademark and/or other proprietary rights and laws. You agree not to sell, license, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, modify or create derivative works from any content or materials on the Site. All of our Site's content is Copyright 2017 Rescue Crate and DevoKit. All rights reserved. Except as expressly set forth in these Terms, no license is granted to you and no rights are conveyed by virtue of accessing or using the Site. All rights not granted under these Terms are reserved by Rescue Crate and DevoKit.
Submitted Content By submitting or posting any materials or content on the Site (including any and all reviews), you grant Rescue Crate and DevoKit perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. You hereby waive any authors’ moral rights that you may have under any Copyright law or other legislation or the common law, in each case, in favor of Rescue Crate and DevoKit. You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant Rescue Crate and DevoKit the license specified above or to waive in favor of Rescue Crate and DevoKit as specified above. You further represent, warrant and covenant that any materials you provide will not contain libelous, privacy-invasive or otherwise unlawful, abusive or obscene material. Rescue Crate and DevoKit will be entitled to use any content submitted by you without incurring obligations of confidentiality, attribution or compensation to you.
General Disclaimers You assume all responsibility and risk with respect to your use of the Site. THE SITE, AND ALL CONTENT, MERCHANDISE, AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH THIS SITE OR A “LINKED” SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY. SPECIFICALLY, BUT WITHOUT LIMITATION, Rescue Crate and DevoKit DOES NOT WARRANT THAT: (1) THE INFORMATION ON THIS SITE IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Rescue Crate and DevoKit makes no warranties of any kind regarding any non-Rescue Crate and DevoKit Sites to which you may be directed or hyperlinked from this Site. Hyperlinks are included solely for your convenience, and Rescue Crate and DevoKit makes no representations or warranties with regard to the accuracy, availability, suitability or safety of information provided in such non-Rescue Crate and DevoKit Sites. Rescue Crate and DevoKit does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on the Site.
Disclaimer– No Professional Advice Any information provided by us regarding the products or otherwise (e.g. product descriptions, instructions, blog, etc.) is for informational purposes only. You should not take any action based upon any information contained on the Site. Use of the Site is not meant to serve as a substitute for professional advice. You should read and strictly follow all product labels, packaging inserts and instructions and all manufacturer directions and warnings and seek independent professional advice when appropriate.
International Use We control and operate the Site from the United States. We make no representation that materials on the Site are appropriate or available for use outside the United States. If you choose to access this Site from outside the United States, you do so at your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Risk of Loss Any merchandise purchased from our Site will be shipped by a third party carrier. As a result, title and risk of loss for such merchandise will pass to you upon our delivery to the carrier.
Copyright Infringement; Notice and Take Down Procedures Rescue Crate and DevoKit specifically prohibits the posting of any content that violates or infringes the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that any material contained on this Site infringes your copyright or other intellectual property rights, you should notify us of your infringement claim in accordance with the following procedure. Rescue Crate and DevoKit will process notices of alleged infringement which it receives and will take appropriate action as required by the Copyright Act of Canada. Notifications of claimed infringement should be sent to the following address: Rescue Crate at email@example.com. To be effective, any notification of copyright infringement must be in writing and contain the following information: • Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material; • Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. To contact us with any questions or concerns in connection with these Terms or the Site, or to provide any notice under these Terms, please contact us.
Severability If any part of these Terms shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms, and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.
Waiver; Remedies The failure of Rescue Crate and DevoKit to partially or fully exercise any rights or the waiver of Rescue Crate and DevoKit of any breach of these Terms and Conditions by you shall not prevent a subsequent exercise of such right by Rescue Crate and DevoKit or be deemed a waiver by Rescue Crate and DevoKit of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of Rescue Crate and DevoKit under these Terms and any other applicable agreement between you and Rescue Crate and DevoKit shall be cumulative, and the exercise of any such right or remedy shall not limit Rescue Crate and DevoKit’s right to exercise any other right or remedy.
Links to Third-Party Webwebsites This Website may contain links to third party websites that are provided to you as a convenience. Any outside Website accessed from our Website is independent from Rescue Crate and DevoKit, and we have no control over the content of such websites. We are not responsible for the content of any linked Website or for any loss or damage incurred in connection with your use such links or dealings with the operators of such third party websites.
No Implied Endorsements In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by Rescue Crate and DevoKit of that third party or of any product or service provided by a third party. Likewise, a link to any third party Website does not imply that we endorse or accept any responsibility for the content or use of such a Website. Rescue Crate and DevoKit does not endorse, warrant or guarantee any product or service offered by any third party through an online discussion forum or chat room accessible through this Website and will not be a party to or in any way monitor any transaction involving any third party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you are responsible for exercising appropriate judgment and caution.
Governing Law The laws of the Province of Ontario shall govern these Terms. YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE COURTS LOCATED IN TORONTO, ONTARIO FOR ALL MATTERS ARISING IN CONNECTION WITH THESE TERMS AND CONDITIONS OR YOUR ACCESS OR USE OF THE SITE.
Monthly Delivery As a subscribed Rescue Crate and DevoKit member, each month we will ship you a package with a different selection of items for you (“Products”). Each month of your subscription, the selection of Products may change. Accordingly, Rescue Crate and DevoKit cannot guarantee that a selection available in a particular timeframe will be available in any subsequent timeframe.
BY SUBSCRIBING YOU AGREE TO PAY THE MONTHLY SUBSCRIPTION FEE FOR THE PRODUCTS THAT ARE SUPPLIED EACH MONTH.
Billing and Payments The price of the Services and/or goods is payable in full before delivery. We accept the following credit cards at this time: Visa, MasterCard, American Express, or Discover (please check our Shipping, Return and Exchange Policy for an updated list). You will automatically be charged each month for your ongoing subscription. If you have committed to a subscription period lasting longer than one month (e.g., a six month plan, a twelve month plan), you will automatically be charged each month during that subscription period, even if you have cancelled your subscription or membership prior to the end of that subscription period. Further, unless you cancel your subscription or membership prior to the end of your then-current subscription period, at the end of that period, your subscription will automatically be renewed for an additional subscription period of the same amount of time.
For your convenience and continuous subscription benefits as a member, if your payment method reaches its expiration date, you do not edit your credit card information and you have an ongoing subscription, you authorize us to continue billing that credit card on file including extending the expiration date until we are notified by you or the credit card company that the account is no longer valid. We encourage you to constantly update your payment method information or cancel your membership should you wish to discontinue your monthly purchase of Products.
We use a third party payment service in lieu of directly processing your credit card information (for example, but not limited to, Stripe & Chargebee). By submitting your credit card information, you grant Rescue Crate and DevoKit the right to store and process your information with the third party payment service, which it may change from time to time; you agree that Rescue Crate and DevoKit will not be responsible for any failures of the third party to adequately protect such information. All financial matters regarding your information are subject to the conditions of the third party payment service provider's terms of service. You acknowledge that we may change the third party payment service and move your information to other service providers that encrypt your information using secure socket layer technology (SSL) or other comparable security technology.
Shipping and Risk of Loss Unless otherwise indicated at the time of your purchase, shipping and handling fees are included with your order. Shipping dates and/or arrival times are only estimates. For loss/damage claims, you must notify Rescue Crate within 30 days of the date of your purchase if you believe all or part of your order is missing or damaged.
Replacement of Products and credits to your account for shipped merchandise claimed as not received are subject to our investigation, which may include postal-service notification. We will adjust your account at our discretion. Repeated claims of undelivered merchandise may result in the cancellation of your membership.
Returns and Exchanges If a Product is defective, you may return it within thirty (30) days of receipt and we will send you a new item or credit your account. To request a refund, please contact us at firstname.lastname@example.org. When returning Products, it is your responsibility to take reasonable care to see that the Products are not damaged in transit and are received by us at our address as displayed on the Website. All refunds are subject to our shipping, return and exchange policies stated on our FAQ page (“Shipping, Return and Exchange Policy”), if any. Please note credits resulting from the monthly charge are only available up to 30 days past the date of the charge. Refunds are at the sole discretion of Rescue Crate and rescuecrates.com. Shipping, return and exchange of any products delivered by us in connection with your membership are subject to the Rescue Crate and DevoKit Shipping, Return and Exchange Policy.
Local Taxes You may be charged local (not limited to) sales tax, HST, or VAT, if applicable.
International Access This Website may be accessed from countries other than the United States. This Website and the Services may contain products or references to products that are only available within the United States and U.S. territories. Any such references do not imply that such products will be made available outside the United States. If you access and use this Website outside the United States you are responsible for complying with your local laws and regulations. Note that international shipments are subject to shipping costs, which are subject to change.
Membership Cancellations We work hard to make your membership satisfying; however, you may cancel your ongoing membership through the account page on the Website. You must update your account on the Website by the first day of the month following the end of your then-current subscription period.
YOUR SUBSCRIPTION IS CONTINUOUS UNTIL YOU CANCEL AND, IF YOU CANCEL YOUR MEMBERSHIP BEFORE THE END OF AN EXISTING SUBSCRIPTION PERIOD, YOU WILL BE CHARGED FOR THE REMAINDER OF THAT SUBSCRIPTION PERIOD. YOUR SUBSCRIPTION WILL CONTINUE UNTIL YOU CANCEL AND, IF YOU DO NOT CANCEL YOUR MEMBERSHIP PRIOR TO THE FIRST DAY OF THE MONTH FOLLOWING THE END OF A SUBSCRIPTION PERIOD, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR A NEW SUBSCRIPTION PERIOD OF THE SAME AMOUNT OF TIME.
All cancellation requests received after the first day of the calendar month following a Subscription Period will apply to the following Subscription Period.
We may terminate your membership, without notice, for conduct we believe violates these Terms and Conditions or our policies, is harmful our business interests, or for an inactive account.
Limitation of Liability IN NO EVENT SHALL Rescue Crate and DevoKit OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AFFILIATES BE LIABLE TO ANY USER OF THIS WEBSITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF THE USE, INABILITY TO USE, UNAUTHORIZED ACCESS TO OR USE OR MISUSE OF THE PRODUCTS OR THE WEBSITE OR ANY INFORMATION CONTAINED THEREON, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
YOU AGREE Rescue Crate AND DevoKit'S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS AND CONDITIONS, THE WEBSITE, THE CONTENT, OR ANY PRODUCT OR SERVICES WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT YOU PAID TO Rescue Crate AND DevoKit IN THE THEN-PRIOR CALENDAR MONTH. If you have any questions, please contact us at email@example.com