Terms of Service
Kreat Day Botanicals, LLC, the Operator of this website owns the domain, the contents thereof, and maintains and operates this website/platform, SERVICE. This SERVICE is an advertising medium similar to a news paper. The sole purpose of the SERVICE is to provide an advertising platform (the “SERVICE”) for vendors, members, affiliates, partners and/or agencies to advertise their product(s) or services for sale. Third party vendors, members, affiliates, partners and/or agencies may advertise their services and/or products for sale on the SERVICE.
Throughout the TERMS OF SERVICE term(s) “we”, “us” and “our” refer to Kreat Day Botanicals, LLC (kreatday.com) jointly with third party vendors, members, affiliates, partners and/or agencies i.e. “Palabra Systematic, LLC” advertising on the SERVICE. Kreat Day Botanicals, LLC refers collectively to Kreat Day Botanicals, LLC its subsidiaries, affiliates, partners, officers, directors, agents, contractors, licencors, service providers, subcontractors, suppliers, vendors, e-commerce affiliates, financial affiliates, interns and employees. Through this SERVICE Kreat Day Botanicals, LLC offers all available information, banks, financial institutions, tools and services for your use, the USER, conditioned upon your acceptance of ALL terms, conditions, policies and notices of these “TERMS OF SERVICE” as stated herein and updated from time to time upon which you agree to by using this website.
By browsing, visiting, entering our website kreatday.com you, the USER, engage our SERVICE and thereby agree to be bound by these terms and conditions (“TERMS OF SERVICE”, “Terms”), outlined herein, including but not limited to those additional terms, conditions and policies referenced herein and/or available thru tools and hyperlink(s). “TERMS OF SERVICE” apply to all USERs of this SERVICE, including but not limited to and without limitation USERs who are viewers, browsers, purchasers, vendors, customers, merchants, and/ or content providers.
Thoroughly read and review “TERMS OF SERVICE” carefully before entry to or use of this SERVICE. Viewing, accessing or using any part of the site, you agree to ALL conditions of these “TERMS OF SERVICE”, otherwise, you may not enter, browse, access or use this SERVICE or any Services hereof. If these “TERMS OF SERVICE” are considered an offer, acceptance is expressly limited to these “TERMS OF SERVICE”.
“TERMS OF SERVICE” from time to time will include SERVICE updates, product updates and new tools. The most current version of the “TERMS OF SERVICE” can be viewed on this page. Kreat Day Botanicals, LLC reserves the sole right to update, change or replace any part or portion of “TERMS OF SERVICE” or this SERVICE by posting such updates and/or changes to this SERVICE at any time. Responsibility lies with the USER to check timely for changes and stay updated. Use of or access to this SERVICE constitutes acceptance of any changes made.
Online e-commerce, a tool, by other third parties allows convenient purchase of products and services by the USER.
Copyright © 2018 – 2020 by Kreat Day Botanicals, LLC. All rights reserved. The information herein in all or part may not be reproduced or distributed in any form or by any means, or stored in a data base or retrieval system without prior WRITTEN permission from the Kreat Day Botanicals, LLC, except for brief quotations used in prior authorized reviews.
SECTION 1 – ONLINE STORE | GAME | CONTENT TERMS
By using this SERVICE you agree to these “TERMS OF SERVICE”, and represent that you are at least the age of majority (Not under the age of 18) in your state or place of residence, state or province of residence and you have given your consent to allow any of your minor dependents to use this site and that you do not reside in a state of place of residence that prohibits the purchase of items offered for sale on this SERVICE or other engagements offered.
Illegal or unauthorized purchase or uses of products sold on this SERVICE are prohibited. You may not, in the use of the Service, violate any laws in your place of residence (including but not limited to copyright infringement). Worms or viruses or any code of a destructive or spamming nature by USER are prohibited.
Breach of any provision in the “TERMS OF SERVICE” immediately terminates your use of this platform and may subject you to further legal action(s).
SECTION 2 – GENERAL CONDITIONS
Refusing service to anyone for any reason at any time is a right Kreat Day Botanicals, LLC reserves.
Financial information shall always remain encrypted. You acknowledge that information about you (not including financial instruments) un-encrypted may be transmitted over other networks and made to conform and adapt to connecting networks or devices.
Prior written permission from Kreat Day Botanicals, LLC is required to reproduce, duplicate, copy, sell, resell or exploit any portion of this SERVICE, use of the SERVICE, or access to the SERVICE or any contact on the SERVICE through which the service is provided.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
Kreat Day Botanicals, LLC takes no responsibility for information on this SERVICE that is Inaccurate, non-complete or out of date. The material on this SERVICE 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. You warrant by use of this SERVICE that any reliance on the material on this site is at your own risk and SERVICE has no liability.
This SERVICE may contain historical information. Historical information is not necessarily current and is provided for your reference only. Kreat Day Botanicals, LLC reserves the right to modify the contents of this site at any time, but Kreat Day Botanicals, LLC has no obligation to update any information on this site. You agree that it is your responsibility to monitor changes to this site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Product prices are subject to change without notice.
Kreat Day Botanicals, LLC reserves the right at any time to modify or discontinue Service (or any part or content thereof) without notice at any time.
Kreat Day Botanicals, LLC shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of SERVICE.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through this SERVICE. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. See Return Policy.
Kreat Day Botanicals, LLC has made every effort to depict as accurately as possible the colors and images of products that appear in the Store or elsewhere, but items change from time to time. Kreat Day Botanicals, LLC makes no guarantee that your computer’s monitor will display any color accurately. Kreat Day Botanicals, LLC makes no representation or guarantee that the package you ultimately purchase and receive will resemble the image displayed in the Store or elsewhere. Do to the nature of materials Kreat Day Botanicals, LLC makes no representation or guarantee that subsequent products purchased by you or any other USER will be similar in artwork, photography, color, quality, texture, configuration, smell or substance in sequential purchases.
Kreat Day Botanicals, LLC is not obligated (unless by law), but at any time may limit the sale of our products or SERVICE to any person, geographic region or jurisdiction. Kreat Day Botanicals, LLC may exercise this right on a case-by-case basis. Kreat Day Botanicals, LLC reserves the right to limit the quantities of any products or services that this SERVICE offers. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of Kreat Day Botanicals, LLC. Kreat Day Botanicals, LLC reserves the right to discontinue any product or service at any time without notice. Any offer for any product or service made on this SERVICE is void where prohibited.
Kreat Day Botanicals, LLC does 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.
All sales are final unless otherwise stated.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
Kreat Day Botanicals, LLC reserves the right to refuse any order placed. Kreat Day Botanicals, LLC may, in its sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event Kreat Day Botanicals, LLC makes a change to or cancels an order, Kreat Day Botanicals, LLC may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. Kreat Day Botanicals, LLC reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, re-sellers or distributors.
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 and mailing address, so that Kreat Day Botanicals, LLC can complete your transaction(s) and contact you as needed.
SECTION 7 – OPTIONAL TOOLS
Kreat Day Botanicals, LLC may provide you with access to third-party tools including but not limited to financial tools over which Kreat Day Botanicals, LLC neither monitors nor has any control nor input.
You acknowledge and agree that Kreat Day Botanicals, LLC provides access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. Kreat Day Botanicals, LLC shall have no liability whatsoever arising from or relating to your use of these optional third-party tools.
Any use by you of optional tools offered through this SERVICE is strictly at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
Kreat Day Botanicals, LLC may also, in the future, offer new services and/or features through the SERVICE (including, the release of new tools and resources). Such new features and/or services upon release shall be subject to these “TERMS OF SERVICE”.
SECTION 8 – THIRD-PARTY SERVICES AND LINKS
Certain content, products, services and advertisements available via our Service may include materials and/or services from third-parties, including but not limited to Service Providers, financial establishments, merchant accounts, etc.
Links on this site may direct you to third-party websites that may or may not be affiliated with us. Kreat Day Botanicalsmay make fees from such affiliates that don’t affect your purchase price. Kreat Day Botanicals, LLC has not vetted and is not responsible for examining or evaluating the content, accuracy or competency of any third-party and Kreat Day Botanicals, LLC does not warrant and will not assume any liability or responsibility for any third-party materials, means, methods, claims set out on their websites or otherwise, or for any other materials, products, or services of third-parties.
Kreat Day Botanicals, LLC is not liable for any harm or damages in any way related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party services or websites. Please review carefully the third-party’s policies, experience, practices, timeliness, history of job fulfillment and references and make sure you understand them fully before you engage in any service and/or transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 – PLAY, GAMES, CONTEST, PROMOTIONS, NOTICES (Including Nudges) AND OTHER CONTENT (“ENGAGEMENTS”)
Kreat Day Botanicals, LLC retains the right at its sole discretion to declare a “Winner”, if any, of any such Play, Game, Contest, Promotions or other “Engagement” offered through these SERVICES without limitations and without liability. Kreat Day Botanicals, LLC reserves the right in its sole discretion to declare a “do-over”, redo (do an “Engagement” event again or differently), without explanation and without liability.
To receive a “prize” or “end goal” of any “Engagement” offered by SERVICE Winner may be subject to providing a “Winner’s” picture, full name, and state of residence being immediately publicized through SERVICE for a period to be determined by SERVICE.
Kreat Day Botanicals, LLC offers PLAY, GAMES, CONTEST, PROMOTIONS, NOTICES and OTHER CONTENT, “Engagements” and assumes no liability. USER takes full responsibility and full liability to make their own critical examination, judgments and decisions as to the feasibility and likely-hood of goal attainment for any such “Engagement(s)”. USER assumes full liability and takes full responsibility for any and all expenses and bodily harm incurred by USER or third-parties during such pursuit including but not limited to any and all time, labor, means, methods, materials and capital expenditure(s) chosen by USER to expend, engage or pursue in the attainment of such “Engagement” prizes or goals and agrees to hold harmless and defend Kreat Day Botanicals, LLC from such and from any third party claims for any reason.
Kreat Day Botanicals, LLC offers certain Services including “Notices” without warranty or liability. “Notices”, reminders and the like, when or if sent may or may not be timely, well-timed, on-time, punctual, convenient, prompt, suitable, apt, or expedient and may or may not be sent, occur, happen, take place, materialize or be forthcoming in any particular instance or instances and under no circumstances will Kreat Day Botanicals, LLC be liable.
Kreat Day Botanicals, LLC is not obligated to update, amend or clarify decisions made concerning the SERVICE or on any related website, including but not limited to without limitation, winners, pricing information, except as required by law. No specified update or refreshed date applied in the SERVICE or on any related website should be taken to indicate that all information on the SERVICE or on any related website has been modified or updated.
SECTION 10 – USER COMMENTS, FEEDBACK, SUBMISSIONS AND CONTENT
If, at Kreat Day Botanicals, LLC’s request or otherwise, you send certain specific submissions (for example contest entries), emails, 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 Kreat Day Botanicals, LLC may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any such Comments that you forward to us. Kreat Day Botanicals, LLC is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments.
Kreat Day Botanicals, LLC may, but has no obligation to, monitor, edit or remove content that Kreat Day Botanicals, LLC determines in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these “TERMS OF SERVICE”.
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 who you are your abilities to complete a task or the origin of any Comments. You are solely responsible for any Comments, and/or statements you make and their accuracy. Kreat Day Botanicals, LLC takes no responsibility and assumes no liability for any Comments or statements made or posted by you or any third-party.
SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on this SERVICE or in the SERVICE that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. Kreat Day Botanicals, LLC reserves 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).
Kreat Day Botanicals, LLC is not obligated to update, amend or clarify information in/on the SERVICE or on any related website, including without limitation, pricing information, except as required by law. No specified update or refreshed date applied in the SERVICE or on any related website should be taken to indicate that all information on the SERVICE or on any related website has been modified or updated.
SECTION 13 – PROHIBITED USES
In addition to other prohibitions as set forth in the “TERMS OF SERVICE”, 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. Kreat Day Botanicals, LLC reserves the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 14 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
Kreat Day Botanicals, LLC does not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free or what you expect.
Kreat Day Botanicals, LLC do not warrant results obtained from the use of this SERVICE will be accurate or reliable. You agree that from time to time Kreat Day Botanicals, LLC may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You agree that purchases made on this website are on a “first-come” basis.
You expressly agree that your use of, or inability to use, any services on this website is at your sole risk. The service(s) and all products and services delivered to you through the SERVICE are (except as expressly stated by Kreat Day Botanicals, LLC) 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 Kreat Day Botanicals, LLC its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, financial affiliates, vendors or licencors 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 any 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 may 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.
SECTION 15 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Kreat Day Botanicals, LLC its subsidiaries, affiliates, partners, officers, directors, agents, contractors, licencors, service providers, subcontractors, suppliers, vendors, financial affiliates, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, and made by any third-party due to or arising out of your breach of these “TERMS OF SERVICE” or documents incorporated by reference, or your violation of any law or the rights of a third-party.
DISCLAIMER OF WARRANTY OR LIABILITY: THE CONTENTS OF THIS SERVICE ARE FURNISHED WITH THE STRICT UNDERSTANDING THAT IT IS FURNISHED FOR INFORMATIONAL, RESEARCH AND DISCUSSION PURPOSES ONLY. THIS INFORMATION IS DISTRIBUTED WITH THE UNDERSTANDING THAT Kreat Day Botanicals, LLC, THE AUTHORS, PUBLISHER, AGENTS, REVIEWER(S), VENDORS AND/OR AFFILIATES SPECIFICALLY DISCLAIM ANY LIABILITY OR WARRANTY IMPLIED OR OTHERWISE; NOR ARE THEY EMPLOYED IN RENDERING LEGAL, MEDICAL, REAL ESTATE, DESIGN, CONSTRUCTION, FINANCIAL OR OTHER PROFESSIONAL SERVICES OR ADVICE. SERVICES OF A COMPETENT PROFESSIONAL SHOULD BE SOUGHT IF PROFESSIONAL OR OTHER EXPERT ASSISTANCE IS REQUIRED. INFORMATION HEREIN IS TIME SENSITIVE.
INFORMATION HEREIN, OPINIONS, AND SUGGESTIONS ARE STRICTLY FOR INFORMATIONAL, EDUCATIONAL AND DISCUSSION PURPOSES ONLY AND ARE NOT GUARANTEED OR WARRANTED IN ANY WAY FOR ACCURACY, COMPLETENESS, CURRENCY AND NO REPRESENTATIONS ARE MADE AS SUCH; NOR DOES Kreat Day Botanicals, LLC, THE PUBLISHER, AUTHOR(S) OR THEIR AFFILIATES OR VENDORS ASSUME ANY RESPONSIBILITY FOR ANY INACCURACIES, ERRORS, OR OMISSIONS CONTAINED HEREIN; NOR DO THEY GUARANTEE TO PRODUCE ANY SPECIFIC RESULTS OR IS THE INFORMATION PROVIDED HEREIN SUITABLE FOR ANY OR EVERY SITUATION. THE AUTHOR(S), Kreat Day Botanicals, LLC, THE OPERATOR, THE PUBLISHER NOR THEIR AFFILIATES AND VENDORS SHALL BE HELD LIABLE FOR ANY LOSSES, DEATHS, BODILY, EMOTIONALLY OR PHYSICAL INJURIES OR DAMAGES. OR ANY DAMAGES IN NO EVENT SHALL THE AUTHOR(S), THE OPERATOR, Kreat Day Botanicals, LLC, THE PUBLISHER, VENDORS OR THEIR AFFILIATES BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, IMMEDIATE OR CONSEQUENTIAL DAMAGES OR INJURIES RESULTING FROM INFORMATION PROVIDED HEREIN INCLUDING BUT NOT LIMITED TO DEFECTS OR OMISSIONS IN THIS DOCUMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR INJURIES.
DISCUSSIONS HEREIN ARE HEARSAY, GENERAL STORY COLLECTIONS, AND ARE NOT INTENDED TO BE CONSTRUED AS AN EXHAUSTIVE EXAMINATION.
SECTION 16 – SEVERABILITY
In the event that any provision of these “TERMS OF SERVICE” 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 OF SERVICE”, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 17 – TERMINATION
If in our sole judgment you fail, or Kreat Day Botanicals, LLC suspects that you have failed, to comply with any term or provision of these “TERMS OF SERVICE”, Kreat Day Botanicals, LLC 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 deny you access to our Services (or any part thereafter).
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These TERMS OF SERVICE are effective unless and until terminated by either you the USER, or Kreat Day Botanicals, LLC. You may terminate these “TERMS OF SERVICE” at any time by notifying us that you no longer wish to use our Services, or simply ceasing to use this SERVICE.
SECTION 18 – ENTIRE AGREEMENT
The failure of Kreat Day Botanicals, LLC to exercise or enforce any right or provision of these TERMS OF SERVICE shall not constitute a waiver of such right or provision.
These TERMS OF SERVICE and any policies or operating rules posted by Kreat Day Botanicals, LLC on this site or in respect to the SERVICE constitutes the entire agreement and understanding between you the USER and Kreat Day Botanicals, LLC and governs 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 OF SERVICE”).
You agree any ambiguities or misunderstandings in the interpretation of these “TERMS OF SERVICE” shall not be construed against the drafting party.
SECTION 19 – GOVERNING LAW
These “TERMS OF SERVICE” and any separate agreements whereby Kreat Day Botanicals, LLC provides you Services shall be governed by and construed in accordance with the laws of the State of Texas.
SECTION 20 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the “TERMS OF SERVICE” at any time at this page. Kreat Day Botanicals, LLC reserves the right, at our sole discretion, to update, change or replace any part of these “TERMS OF SERVICE” by posting updates and changes to this SERVICE. It is your responsibility to check this SERVICE timely for changes. Your continued use of or access to this SERVICE or the SERVICE following the posting of any changes to these “TERMS OF SERVICE” constitutes acceptance of those changes.
SECTION 21 – CONTACT INFORMATION
Questions about the “TERMS OF SERVICE” should be addressed to: email@example.com