Terms & Conditions

Last Modified: August 25, 2023

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Acceptance of the Terms and Conditions for the Online Purchase and Use of Goods and Services.

THESE TERMS AND CONDITIONS KROMA WELLNESS, PBC CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.

THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

BY USING THE WEBSITE OR PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE OR ANY AFFILIATED THIRD PARTY’S WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.

YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE OR ANY AFFILIATED THIRD PARTY’S WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH KROMA WELLNESS, PBC, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.

THESE TERMS AND CONDITIONS CONTAIN SECTIONS FOR RETAIL PURCHASES, KROMA SUBSCRIPTIONS, AND KROMA’S LOYALTY PROGRAM. PLEASE READ ALL APPLICABLE TERMS AND CONDITIONS CAREFULLY.

These terms and conditions (these "Terms") apply to the purchase and sale of (the “Products”) and use of the Services (“Services”) through kromawellness.com and through any mobile, desktop, or device applications (including iOS and Android applications (each an “App” and together the “Apps”)) (collectively, (the "Website") and affiliated third-party websites whether as a guest or a registered user, in addition to any other terms and conditions that may be applicable to any such transaction as provided in the Website or other agreement between you and Kroma Wellness, PBC, its affiliates, subsidiaries, successors, or assigns (collectively referred to as “Company”, "us", "we", or "our" as the context may require). These Terms are subject to change by the Company without prior written notice at any time, in our sole discretion. The latest version of these Terms will be posted on this Website, and you should review these Terms before purchasing any Product or Services that are available through this Website. Your continued use of this Website after a posted change in these Terms will constitute your acceptance of and agreement to such changes.

Content may not always be available and is subject to change at any time with or without notice and without any liability to you. Certain content is intended for informational purposes only. Prior to purchasing the Products or Services, it is important for you to know and understand that by accessing and/or using the Services through any means, you are agreeing to accept certain liability limitations and legal disclaimers, which we further explain throughout these Terms. In other words, your use of the Products and Services is at your own risk, and we do not assume any liability, or make any warranties of any kind, express or implied, with respect to the Products and Services or your access and use of the Products and Services. If you have any questions or concerns regarding the Terms or conditions herein, please email us at help@kromawellness.com.

These Terms apply generally to the use of all Services, including, but not limited to, the Website, any subscription, the App, and the Company’s social media pages. By registering as a member or by visiting, browsing, or using the Website or Services in any way, you accept and agree to be bound by these Terms, which form a binding agreement between you and the Company. Please read the Terms carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms when this option is made available to you, you accept and agree to be bound and abide by these Terms and our Privacy Policy (hereinafter the “Privacy Policy,” found at https://kromawellness.com/pages/privacy-policy), each of which is incorporated herein by reference. If you do not want to agree to these Terms or the Privacy Policy, you must not access or use the Website. All rights not expressly granted by the Company in these Terms are reserved.

These Terms are an integral part of the that apply generally to the use of our Website. You should also carefully review our Privacy Policy before placing an order for Products or Services through this Website.

Website Not for Minors

NOTICE TO PARENTS AND/OR GUARDIANS: You are responsible for monitoring and supervising your child's use of the Products and Services. If your child is using the Products or Services without your express consent and is under the age of eighteen (18), please contact us immediately so that we can disable his or her access.

This Website is offered and available to users who agree to these Terms, are not prohibited from accessing or using the Website or Services, are 18 years of age or older, reside in the United States or any of its territories or possessions, and are legal U.S. citizens. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website. If you are under 18 years old, then you may not make a purchase on our Website. We reserve the right to revoke your ability to access the Products and Services offered on the Website for any reason at any time including as a result of a violation of these Terms or the Privacy Policy, without notice.

By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

ACCESSIBILITY STATEMENT

Kroma Wellness, PBC strives to ensure its website is accessible and inclusive. If you are disabled and experiencing any difficulty with content on kromawellness.com or require assistance with any part of our website, please contact us at help@kromawellness.com and we will be happy to assist.

Accessing the Website, your Account, and Account Security

In order to access certain Products or Services on the Website, you may need to establish an Account (your “Account”) for which you will be required to provide specific information. All information about you must be truthful, and you may not use any aliases or other means to mask your true identity. Any access codes or passwords provided should be safeguarded at all times. You are responsible for the security of your access codes and passwords and will be solely liable for any use or unauthorized use of the Website under such access codes or passwords. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You may not use someone else’s name, or post, upload or submit any content that violates any third-party rights, is against the law, or that is offensive, obscene or otherwise objectionable (in the Company’s sole discretion). The Company may, in the Company’s sole discretion, suspend, disable, or delete your Account (or any part thereof) or block or remove any content that you submit, for any lawful reason, including if the Company determines that you have violated these Terms or that your conduct or content may damage the Company’s reputation or goodwill.

You are responsible for all activity that occurs under your Account, including any activity by any unauthorized users of your Account. You may not allow others to use your Account or share your Account with others except as otherwise provided herein. You agree to notify the Company immediately if you suspect any unauthorized use of your Account, access to your password, or any other breach of security. In the event your Account is for any reason shared with or used by anyone other than you, you shall be responsible for informing any such user of these Terms and ensuring compliance with the same. You are solely responsible for any and all use of your Account and although the Company will not be liable for your losses caused by any unauthorized use of your Account or use by anyone other than you, you may be liable for the losses of the Company or others due to such uses. You agree that the Company, in its sole discretion, may terminate or suspend your use of the Website and Services at any time and for any or no reason in its sole discretion, even if access and use continues to be allowed to others. Upon such suspension or termination, you must immediately discontinue use of the Website and Services. Accessing the Website or Services after such termination, suspension or discontinuation shall constitute an act of trespass. Further, you agree that the Company shall not be liable to you or any third party for any termination or suspension of your access to the Website or the Services. To understand how we use the information collected from you, please read our Privacy Policy.

We reserve the right to withdraw or amend this Website, and any Service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for:

Making all arrangements necessary for you to have access to the Website.
Ensuring that all persons who access the Website through your internet connection are aware of these Terms and comply with them.

Kroma strives to maintain an accessible website for its users. Please see our Accessibility Statement for further details.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your Account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your Account at the end of each session. You should use particular caution when accessing your Account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms. You may delete your Account at any time. We reserve the right, but are under no obligation to, to delete an Account from the Services that remains inactive (i.e., the user fails to log in) for a continuous period of at least six (6) months, or immediately when payment expires, is withdrawn or otherwise ceases. The Company may suspend, disable or delete your Account (or any part thereof) or block or remove any information or content you submitted if the Company determines that you have violated any provision of these Terms or that your conduct or content would tend to damage the Company’s reputation or goodwill. If the Company deletes your Account or any information or content you have submitted for the foregoing reasons, you may not re-register for the Services. The Company may block your email address and Internet protocol address to prevent further registration and/or submission of information and content. The Company is not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your Account. After your Account is terminated for any reason, all Terms shall survive such termination, and continue in full force and effect, except for any Terms that by their nature expire or are fully satisfied. Upon termination, all licenses granted by the Company will terminate. In the event of Account deletion for any reason, information and content that you submitted may no longer be available. The Company shall not be responsible for the loss of such information or content.

Healthcare Agreement

Because Kroma cares about your health, we recommend consulting with your physician before embarking on any new health regime.

We do not claim our 5-Day Lifestyle Reset or Kroma products will alleviate, heal, or cure any health condition or symptom, nor do we guarantee weight loss. We cannot and do not guarantee that you will attain a specific or particular result, and you accept the risk that results differ for each individual. Results can differ depending on a variety of factors including starting health, genetic factors, exercise, and consumption of other food. Consult your doctor before participating in or consuming these products or contents if you are pregnant, nursing, or have an underlying health condition or food related allergies. Consult your doctor before participating if you are under the age of 18.

Kroma's 5-Day Lifestyle Reset and products contain allergens such as tree nuts (almond, coconut, pecan, walnut), and soy. Kroma products are manufactured in facilities that process other food allergens such as milk, eggs, fish, shellfish, peanuts (including peanut oil), and wheat and products containing gluten. Please be advised that cross contamination may occur.

The information presented on or through the App is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information and the provision of such information should not be viewed as providing medical advice or creating any doctor/patient relationship. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the App, or by anyone who may be informed of any of its contents.

By using Kroma products you acknowledge that you are doing so at your own risk and have consulted with your doctor or other health professional about your diet change.

Order Acceptance and Cancellation.

You agree that your order is an offer to buy, under these Terms, all Products and Services listed in your order. Items depicted are for illustration only and are subject to change. All orders must be accepted by us or we will not be obligated to sell the Products or Services to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between Kroma Wellness, PBC and you will not take place unless and until you have received your order confirmation email. You have the option to cancel your order at any time before we have sent your order confirmation email by logging in to your customer portal on the Kroma Website, clicking on Orders and Edit, then click Cancel Order on the order you wish to cancel. If you have any issues cancelling your order please contact us at help@kromawellness.com. Any requests to cancel your order after your confirmation email is sent may be rejected at Kroma’s sole discretion.

Prices and Payment Terms.

If you wish to purchase any Product or Service made available through the Website (each such purchase, a "Transaction"), you may be asked to supply certain information relevant to your Transaction including, without limitation, your debit or credit card number, the expiration date of your debit or credit card, your billing address, and your shipping information. You represent and warrant that you have the legal right to use any debit or credit card(s) or other payment method(s) utilized in connection with any transaction. By submitting such information, you grant to Kroma the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.

All prices posted on the Website and/or Services are subject to change without notice and may vary by your location. The price charged for a Product or Service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases or decreases will only apply to orders placed after such changes. Price decreases for active subscriptions may occur with notice to existing subscribers. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your checkout total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us, and we reserve the right to cancel any orders arising from such errors.

All descriptions, images, references, features, content, specifications, Products, and prices of Products and Services described or depicted on the Website are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any Products or Services on the Website does not imply or warrant that these Products or Services will be available. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item purchased from this Website. By placing an order, you represent that the Kroma Products ordered will be used only in a lawful manner. Kroma reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any Product or Service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all Transaction(s); and (iv) refuse to provide any user with any Product or Service.

Pricing Adjustments. We reserve the right to adjust prices in our sole discretion, at any time and without notice to you; provided, however, that we will provide you with at least ten (10) days’ advance notice of any price changes with your specific Subscription Service. All prices shown on the Website are in U.S. dollars. Any applicable taxes and other fees or charges are not included and are additional to any prices shown on the Website. Kroma will not be able to notify you of changes in any applicable taxes. The shipment of the Products to you after our delivery of such notice will confirm your acceptance of such changes, unless you cancel your subscription in accordance with these Terms.

Payment. You agree that by placing an order on the Website or the App, you are entering into a binding contract with Kroma and agree to pay all charges that may be incurred by you or on your behalf through the Website, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. You agree to pay for all orders made from your Account in accordance with the prices and billing Terms in effect at the time an order is made from your account. You also agree to pay all applicable taxes. To make an order from your Account, you must provide valid payment information (e.g. credit card, debit card) through the Website. By placing an order through your Account, you also agree and authorize (1) the payment method(s) you provide to be immediately charged for all fees and taxes applicable to your order, (2) Kroma to automatically charge alternative payment methods associated with your Account if a primary payment method is declined or no longer available, (3) Kroma to share payment information and instructions required to complete the payment transactions between Kroma, our payment processors, and their third-party payment Service providers (e.g., credit card transaction processing, merchant settlement, and related Services), and (4) that no additional notice or consent is required for the foregoing authorizations. You agree to immediately update your Account in the event of any change in your payment information. Kroma reserves the right at any time to change its billing methods. If a payment method cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or canceled. If a payment is not successfully paid and you do not edit your payment method or cancel your purchase of a Product, you remain responsible for any uncollected amounts and authorize us to continue billing the payment method, as it may be updated. Kroma reserves the right to collect any outstanding payment due, and may transfer the collection of your outstanding balance to a third party collection agency.

Sales Tax Terms and Conditions

State and Local Sales Tax Compliance. Within the United States, Kroma Wellness, PBC must adhere to the collection of state and local sales taxes for orders dispatched to specific states. A majority of our merchandise and services are subject to taxation, although there are exemptions for certain products or services based on state legislation. The calculation of the taxable amount may, in some jurisdictions, include charges for shipping and handling, whereas other jurisdictions may levy sales tax solely on the cost of the merchandise or services. It is the responsibility of Kroma Wellness, PBC to conform to the diverse regulatory requirements of each state. Consequently, the total amount of your purchase will reflect the applicable state and local taxes, determined by the delivery address and prevailing tax rates.

Shipments; Delivery; Title and Risk of Loss

We will arrange for shipment of the Products to you. Please check the individual Product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process.

Products purchased from our Website may be shipped by a third party carrier. As a result, title and risk of loss for such Products shipped by a third party will pass to you upon our delivery to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

Delivery Specifics. In the case of weather which inhibits the ability to make safe deliveries, or other events beyond our control that interfere with our ability to deliver your order, we will attempt to deliver your order as soon as reasonably possible. In some cases, delivery may occur on a date other than your scheduled delivery day. If the delivery of your Products is not feasible, we will cancel your delivery for the period so affected and issue you a credit, as determined in our sole discretion or refund of a part or the whole of the purchase price for that order.

Our drivers take care to follow delivery instructions provided by our customers. Kroma is not at fault for stolen, late received or mis-delivered orders due to inaccurate or missing delivery instructions. If you feel there has been a mistake with your delivery or your delivery instructions were not followed, please contact us at help@kromawellness.com.

Returns and Refunds.

All sales are final. We cannot accept returns or refunds. If a Product arrives damaged, an item is missing, or you have concerns, please contact us at help@kromawellness.com. We may, in our sole discretion, replace the Products or provide you with a credit for that Product that will be automatically applied to future deliveries.

If you are provided with a credit for a future program, we may implement the credit in a variety of ways at our discretion, including extending the program for you ourselves, providing you with a discount code to use on a future order, or applying a credit to your account, which will be automatically deducted from your next payment. If you have any questions regarding the replacement, refund, and credit logistics, please reach out to us at help@kromawellness.com.

Refunds will not be issued for delays that are the result of factors outside our control, including but not limited to weather, traffic, and unexpected events as they relate to our delivery partners. If for any reason we have to cancel your delivery, you will be notified by email, and we will refund your purchase price for that order.

We may revise and update these Terms from time to time in our sole discretion. In addition, the Company reserves the right to revise these Terms at any time by updating this posting; provided any material modifications will only be applied prospectively. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set forth in the Governing Law and Jurisdiction section herein will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Website.

You are encouraged to review these Terms each time you use the Website and prior to purchasing any Product or Service that are available through this Website. Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page each time you access this Website so you are aware of any changes, as they are binding on you.

Force Majeure

We will not be liable or responsible for any failure to perform, or delay the performance of, any of our obligations that is caused by events outside our reasonable control (“Force Majeure Event”). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes, but is not limited, to the following: (1) Strikes, lock-outs, or other industrial action; (2) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war, or threat or preparation for war; (3) Fire, explosion, storm, flood, earthquake, subsidence, epidemic, or other natural disaster; (4) Impossibility of the use of railways, shipping, aircraft, motor transport, or other means of public or private transport; (5) Impossibility of the use of public or private telecommunications networks; and (6) The acts, decrees, legislation, regulations, or restrictions of any government. Our performance under these terms is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable efforts to bring the Force Majeure Event to a close or to find a solution by which our obligations under these terms may be performed despite the Force Majeure Event.

KROMA’S SUBSCRIPTION SERVICE

Anyone who signs up for Kroma’s Subscription Service (as defined herein) agrees to be bound by these subscription terms and conditions under this Kroma’s Subscription Service Section (the “Subscription Terms and Conditions”).

Our subscription Service is an automatic, recurring weekly, biweekly, monthly, bimonthly, or quarterly subscription to Kroma wellness Products (“Products”) (“Subscription Service” or “Service”). As part of the Service, we offer a number of subscription options that you may choose from. Each week, every two weeks, or each month, depending upon your preference, you will receive a package containing Products from Kroma. You can find specific details regarding your Subscription Service by accessing your account details via the Website.

Auto-Renewal Feature. THE SUBSCRIPTION SERVICE CONSISTS OF AN INITIAL CHARGE FOLLOWED BY RECURRING PERIODIC CHARGES AS AGREED TO BY YOU. WHEN YOU REGISTER FOR THE SUBSCRIPTION SERVICE, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT (A) KROMA (OR OUR THIRD-PARTY PAYMENT PROCESSOR) IS AUTHORIZED TO SUBMIT PERIODIC CHARGES (E.G., WEEKLY), UNTIL YOU PROVIDE ADVANCE NOTICE THAT YOU WISH TO TERMINATE THIS AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD (SUCH NOTICE OF WHICH WILL NOT AFFECT CHARGES SUBMITTED BEFORE KROMA REASONABLY COULD ACT), (B) THE AMOUNT YOU ARE CHARGED AND THE NUMBER OF PRODUCTS YOU RECEIVE EACH SUBSCRIPTION PERIOD MAY VARY DEPENDING ON THE PREFERENCES YOU SELECT, AND (C) FOLLOWING YOUR INITIAL SUBSCRIPTION PERIOD, AND AGAIN AFTER ANY SUBSEQUENT SUBSCRIPTION PERIOD, YOUR SUBSCRIPTION SERVICE WILL AUTOMATICALLY COMMENCE ON THE FIRST DAY FOLLOWING THE END OF SUCH PERIOD AND CONTINUE FOR SUCCESSIVE RENEWAL PERIODS OF THE SAME LENGTH, AT THE THEN-CURRENT RATE. YOU AGREE THAT YOUR ACCOUNT WILL BE SUBJECT TO THIS AUTOMATIC RENEWAL FEATURE INDEFINITELY UNLESS IT IS CANCELLED OR PAUSED BY YOU OR US IN ACCORDANCE WITH THESE TERMS. IF YOUR PAYMENT DETAILS CHANGE, YOUR CARD PROVIDER MAY PROVIDE US WITH THE UPDATED PAYMENT DETAILS. WE RESERVE THE RIGHT TO USE THESE UPDATED DETAILS FOR FUTURE CHARGES IN ORDER TO HELP PREVENT ANY INTERRUPTION TO THE DELIVERY OF SERVICE.

BY SUBSCRIBING TO THE SERVICE, YOU AUTHORIZE KROMA TO CHARGE YOUR PAYMENT PROVIDER NOW, AND AGAIN AT THE BEGINNING OF ANY SUBSEQUENT SUBSCRIPTION PERIOD. UPON RENEWAL OF YOUR SUBSCRIPTION SERVICE, IF KROMA DOES NOT RECEIVE PAYMENT FROM YOUR PAYMENT PROVIDER, (A) YOU AGREE TO PAY ALL AMOUNTS DUE ON YOUR ACCOUNT UPON DEMAND AND (B) YOU AGREE THAT KROMA MAY EITHER TERMINATE OR SUSPEND YOUR SUBSCRIPTION SERVICE AND CONTINUE TO ATTEMPT TO CHARGE YOUR PAYMENT PROVIDER UNTIL PAYMENT IS RECEIVED (UPON RECEIPT OF PAYMENT, YOUR ACCOUNT WILL BE ACTIVATED AND FOR PURPOSES OF AUTOMATIC RENEWAL, YOUR NEW SUBSCRIPTION COMMITMENT PERIOD WILL BEGIN AS OF THE DAY PAYMENT WAS RECEIVED).

Cancellation. YOU MAY CANCEL YOUR SUBSCRIPTION SERVICE AT ANY TIME; HOWEVER, THE CANCELLATION WILL BECOME EFFECTIVE AT THE END OF YOUR THEN-CURRENT SUBSCRIPTION PERIOD. IF YOU CANCEL, YOU MAY USE YOUR SUBSCRIPTION SERVICE UNTIL THE END OF YOUR THEN-CURRENT SUBSCRIPTION PERIOD. YOUR SUBSCRIPTION SERVICE WILL NOT BE RENEWED AFTER YOUR THEN-CURRENT PERIOD EXPIRES. YOU WILL NOT BE ELIGIBLE FOR A PRORATED REFUND OF ANY PORTION OF THE AMOUNT PAID FOR THE THEN-CURRENT SUBSCRIPTION PERIOD. TO CANCEL YOUR SUBSCRIPTION SERVICE, LOG IN TO YOUR CUSTOMER PORTAL ON THE KROMA WEBSITE, CLICK ON ‘SUBSCRIPTIONS,’ THEN CLICK ‘EDIT,’ SCROLL DOWN TO THE BOTTOM OF THE PAGE AND CLICK CANCEL SUBSCRIPTION. YOU WILL NOT BE CHARGED FOR ANY CANCELLATION. YOU CAN RE-SUBSCRIBE AT ANY TIME FOLLOWING YOUR CANCELLATION, BUT WE RESERVE THE RIGHT NOT TO PERMIT RE-SUBSCRIPTION WHERE WE HAVE PREVIOUSLY ELECTED TO TERMINATE A SUBSCRIPTION SERVICE BY YOU.

Kroma Product Information; Limitation on Quantities

Excluding any content that may be submitted by users from time to time, we strive to ensure that the information on the Website is complete and reliable. Certain information may contain pricing errors, typographical errors and other errors or inaccuracies, which we may correct without liability. We also reserve the right to limit quantities purchased by users 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 Website will be available.

Free Trials.

From time to time, to the extent legally permitted, Kroma may offer free trials of certain subscriptions for specified periods of time without payment. If Kroma offers you a free trial, the specific terms of your free trial will be provided in the marketing materials describing the particular trial or at registration. Free trials are only for first-time users of Kroma, unless stated otherwise.

ONCE YOUR FREE TRIAL ENDS, KROMA (OR OUR THIRD-PARTY PAYMENT PROCESSOR) WILL BEGIN BILLING YOUR DESIGNATED PAYMENT METHOD ON A RECURRING BASIS FOR YOUR SUBSCRIPTION SERVICE (PLUS ANY APPLICABLE TAXES AND OTHER CHARGES) FOR AS LONG AS YOUR SUBSCRIPTION SERVICE CONTINUES, UNLESS YOU CANCEL YOUR SUBSCRIPTION SERVICE PRIOR TO THE END OF YOUR FREE TRIAL. THE AMOUNT YOU ARE CHARGED AND THE NUMBER OF PRODUCTS YOU RECEIVE EACH SUBSCRIPTION PERIOD MAY VARY DEPENDING ON THE PREFERENCES YOU SELECT. INSTRUCTIONS FOR CANCELING YOUR SUBSCRIPTION SERVICE ARE DESCRIBED IN THE CANCELLATION SECTION ABOVE. PLEASE NOTE THAT YOU WILL NOT RECEIVE A NOTICE FROM US THAT YOUR FREE TRIAL HAS ENDED OR THAT THE PAID PORTION OR YOUR SUBSCRIPTION SERVICE HAS BEGUN. WE RESERVE THE RIGHT TO MODIFY OR TERMINATE FREE TRIALS AT ANY TIME, WITHOUT NOTICE AND IN OUR SOLE DISCRETION.

Vouchers.

Kroma may offer discount promotions, discounted trials, or other types of vouchers (“Vouchers”). In order to utilize the offer on the Voucher, users need to create an account through the Website and input their information and the code found on the Voucher to redeem. A Voucher may only be used once and may not be copied, reproduced, distributed, or published either directly or indirectly in any form or stored in data retrieval systems without our prior written approval. Additionally, Vouchers are only for first-time users of Kroma, unless the Voucher states otherwise. Kroma reserves the right to withdraw or deactivate any Voucher (other than one which has been purchased) for any reason, at any time. For the avoidance of doubt, and in accordance with the foregoing sentence, Kroma reserves the right to withdraw or deactivate any of your outstanding referral credits or similar Vouchers in the event your referral code is posted to a third party website (excluding your own social media profile(s) or blogs), or if you otherwise violate these terms. Vouchers may only be redeemed through our Website, and not through any other website or method of communication. As a part of the verification process, Kroma may require you to provide additional identification information.

Subscription Delivery

Skipping a Delivery.

To skip a delivery:

Log in to the customer portal on the Kroma Website.
Click the Delivery Schedule tab to see all upcoming deliveries for your subscriptions.
Click Skip next to the delivery that you would like to skip. If you want to unskip a delivery, click Unskip next to the order.

If you have any issues skipping a delivery, please contact us at help@kromawellness.com.

Edit Your Next Order Date

To edit your next order date:

Log in to the customer portal on the Kroma Website.
Click Subscriptions and then click Edit.
You will be taken to a page where you can edit the next order date for your subscription.
Once you select the new charge date, you can click on the Update next shipment date.

If you have any issues editing your next order date, please contact us at help@kromawellness.com.

Add a One-Time Product to a Subscription.

One-time Products can be added to your subscription order. To add Products:

Log in to the customer portal on the Kroma Website.
Click the Subscriptions tab and select Edit next to the subscription you want to add a Product to.
Hover over the Product you want to add and select Add One-time. This automatically adds the Product to your shipment.

You can also add one-time Products using the Add a Product button on the Subscriptions tab.

If you have any issues adding a one-time Product to your subscription order, please contact us at help@kromawellness.com.

To manage or delete a one-time Product:

Click the Delivery Schedule tab.
Select Manage Add-on.

If you have any issues managing or deleting a one-time Product, please contact us at help@kromawellness.com.

Add a Discount Code.

To add a discount code to your subscription:

Log in to the customer portal on the Kroma Website.
Click Edit on the Subscription you would like to discount
Click Add Discount.
Enter the code and select Add Discount.

If you have any issues adding a discount, please contact us at help@kromawellness.com.

No Resale.

You are not permitted to resell or otherwise use the Products for commercial purposes.

Goods Not for Export

You agree to comply with all applicable laws and regulations of the various states and of the United States including all Export Regulations, as defined below. Products and Services purchased from the Company may be controlled for export purposes by export regulations, including but not limited to, the Export Control Reform Act of 2018 (ECRA) (Title XVII, Subtitle B of Pub. L. No. 115-232), the Export Administration Regulations (15 C.F.R. 768-799) for which ECRA is permanent statutory authority, the International Traffic in Arms Regulations (22 C.F.R. 120-128 and 130) and their successor and supplemental regulations (collectively, "Export Regulations"). You are solely responsible for compliance with the laws of your local jurisdiction and any other applicable laws regarding the import, export, or re-export of any Products, the Services or content therein.

Update Your Billing Information or Customer Information

To update general payment information:

Log in to the customer portal on the Kroma Website.
Click the Payment Methods tab.
Expand the payment method to be adjusted and select Edit.

Payment methods are assigned by address profile. To edit the payment method assigned to a specific address profile:

Log in to your customer portal on the Kroma Website.
Click the Subscriptions tab.
Expand the Payment Methods section and update the information.

To update the shipping address for a specific subscription:

Log in to your customer portal on the Kroma Website.
Click on Subscription and scroll down to Shipping Address.
Click the arrow to expand.
Select one of the other shipping addresses.

To update an existing shipping address or add a new address:

Log in to your customer portal on the Kroma Website.
Click on Shipping. This will display all shipping addresses on your customer account.

Click the link on a specific address, which will allow you to update it ass needed, or click on the Add Address button to add a new address.

If you have any issues updating payment methods, addresses, or customer information, please contact us at help@kromawellness.com.

Cancellations

To cancel an existing order, please reach out to help@kromawellness.com.

Cancellation of Subscription Services

You may cancel your membership at any time. In order to cancel your subscription:

Log in to your customer portal on the Kroma Website.
Click on Subscription and then click Edit.
Scroll down to the bottom of the page and click on the Cancel Subscription button. If required, provide a cancellation reason and confirm the cancellation by clicking Proceed.

If you have any issues cancelling your subscription, please contact us at help@kromawellness.com.

Subscription Pricing.

Prices may go up or down over time, but you'll always get your applicable Kroma Subscription discounts on top of the then-current price.

Additional Integrated Terms

These Subscription Terms and Conditions shall be subject to the following sections of the Terms, and shall be treated as if integrated herein: Force Majeure, Governing Law and Jurisdiction, Dispute Resolution and Binding Arbitration, No Waivers, No Third-Party Beneficiaries, Notices, Disclaimer of Warranties, and Limitation of Liability.

Use of the Website

You may use the Website only for your own noncommercial personal use and in compliance with these Terms. By using the Website or App, you represent and warrant that you (i) are located inside the United States, or (ii) are located outside Canada, the European Union (EU) or European Economic Area (EEA) and agree to be bound by U.S. laws. The Website are intended for users situated in the United States. We currently do not offer goods and Services to Canada, the EU or EEA.

We reserve the right, in our sole discretion and without notice to you, to revise the Products and Services available on the Website and to change, suspend or discontinue any aspect of the Website 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 the use of the Website and or restrict your access to part, or all, of the Website and without notice or penalty. Your continued use of the Website will constitute your acceptance of any such changes.

You are responsible for your own communications, including the transmission, uploading or posting of information to the Website and are responsible for the consequences of such communications. Any other use of the Website requires the prior written consent of Kroma. You may not otherwise copy, modify, or distribute the contents of this Website without the prior written consent of Kroma. 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 Website or the App, in whole or in part. We require all users to agree not to use the Website or the App, and specifically prohibit any use of the Website or the App, for any of the following purposes:

Posting, communicating or transmitting any material that infringes on any intellectual property, publicity or privacy rights of another person or entity;
Posting any information which is untrue, inaccurate or not your own;
Engaging in conduct that would constitute a criminal offense or give rise to civil liability or otherwise violate any law or regulation;
Attempting to interfere in any way with the Website, the App’s or Kroma’s network security, or attempting to use the Website or the App’s Service to gain unauthorized access to any other computer system; and
Using the Website to drop ship merchandise to third parties.

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 Website or the App. Further, you may not use any such automated means to manipulate the Website, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Website or any other user's use of the Website, including, without limitation, via means of overloading, “flooding,'' “mailbombing” or “crashing” the Website or the App, 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 Website within another web Website. You may not resell use of, or access to, the Website to any third party without the prior written consent of Kroma.

Additional Terms

You agree that additional Terms may apply to specific portions, Services or features of the Website or the App or to specific Products or orders, including but not limited to ordering, shipping and return policies, membership reward programs and other terms and conditions and policies which you may find throughout our Website in connection with certain functionality, features or promotions as well as customer Service (“Additional Terms”), which Additional Terms are made part of these Terms by reference. If there is a conflict between these Terms and the Additional Terms, the Additional Terms shall control.

You agree that your order is an offer to buy, under these Terms, all Products and Services listed in your order. Availability of Products and Services cannot be guaranteed. Products, Services, and other information provided are subject to change without notice. Items depicted are for illustration only and are subject to change. Errors will be corrected where discovered, and we reserve the right to revoke any errors or omissions. All orders must be accepted by us, or we will not be obligated to sell the Products or Services to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between the Company and you will not take place unless and until you have received your order confirmation email. If you are using the Services or the Website and you do not wish for your Account to renew automatically, or if you want to change or terminate your subscription, please contact Customer Support at help@kromawellness.com or log into your Account. Your cancellation will take effect starting at the end of your current billing period.

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.

Intellectual Property Rights, Use, and Ownership

The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:

Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
If we provide social media features (i.e. Facebook, Twitter, Instagram and Pinterest) with certain content, you may take such actions as are enabled by such features.

You must not:

Modify copies of any materials from this Website.
Use any illustrations, photographs, video or audio sequences other than in the course of navigating the Website and purchasing the Services represented therein.
Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this Website.

You must not access or use for any commercial purposes any part of the Website or any Services or materials available through the Website.

If you wish to make any use of material on the Website other than as set forth in this section, you may address a request to help@kromawellness.com.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.

You further acknowledge and agree that:

(a) The Website and Services contain software, graphics, photos, videos, know-how, Product ideas, comments and other material (collectively, "Content") that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Company-generated content and content developed by or for the Company is copyrighted individually and/or as a collective work under the U.S. copyright laws; further, the Company owns a copyright in the selection, coordination, arrangement and enhancement of all Content in the Website.

(b) All uses on the Website or the Services of the Terms in relation to the Services of the following terms "sell," "sale," "resell," "resale," "purchase," "price" and the like mean the purchase or sale of a license for the Services. Each Service marketed on the Website is made available solely for license, not sale, to you and other prospective customers under the Terms, conditions, and restrictions contained herein.

(c) The Company, its licensors, successors and assigns are and will remain the sole and exclusive owners of all intellectual property rights in and to the Content and each Product and Service made available on the Website and the Services and any related specifications, instructions, documentation or other materials, including, but not limited to, all related copyrights, patents, trademarks and other intellectual property rights, subject only to the limited license granted under these Terms. You do not and will not have or acquire any ownership of these intellectual property rights in or to the Products or Services made available through the Website, or of any intellectual property rights relating to those Products or Services.

(d) The Kroma name, logos, related names and logos, Service names, designs, slogans, and affiliated applications and technologies are the exclusive property of the Company. All other trademarks appearing on the Services are trademarks of their respective owners. Our partners or Service providers may also have additional proprietary rights in the content which they make available through the Services. The trade names, trademarks and Service marks owned by us, whether registered or unregistered, may not be used in connection with any Product or Service that is not ours, in any manner that is likely to cause confusion. Nothing contained on the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or Service marks without our express prior written consent. The Company owns and retains all proprietary rights in the Website and the Services, and in all content, trademarks, trade names, Service marks and other intellectual property rights related thereto. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, Service marks, or other intellectual property or proprietary information accessible on the Website or through the Services, without first obtaining the prior written consent of the Company or, if such property is not owned by the Company, the owner of such intellectual property or proprietary rights. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.

Trademarks

The Company & Foundation names, the terms, the Company logo and all related names, logos, Product and Service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, Product and Service names, designs and slogans on this Website are the trademarks of their respective owners.

User Contributions

The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website.

All User Contributions must comply with the Content Standards set out in these Terms.

Any User Contribution you post to the Website will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and Service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose/according to your Account settings.

You represent and warrant that:

You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and Service providers, and each of their and our respective licensees, successors and assigns.
All of your User Contributions do and will comply with these Terms.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.

The Website may contain links to third party Websites that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party Websites, including privacy and data gathering practices. In addition, the Company will not and cannot censor or edit the content of any third-party Website. By using the Website, you expressly relieve and release the Company from any and all liability arising from your use of any third-party Website.

Under no circumstances will Kroma be liable in any way for any content or materials of any third parties, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any such content or communications posted on the Website or endorse any opinions expressed therein.

We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote or assist any unlawful act.
Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Copyright Infringement

If you believe that any User Contributions violate your copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user Account of repeat infringers. Kroma will process notices of alleged infringement that it receives and will take appropriate action as required by the Digital Millennium Copyright Act (“DMCA”).

Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

This Website may provide certain social media features that enable you to:

Link from your own or certain third-party websites to certain content on this Website.
Send e-mails or other communications with certain content, or links to certain content, on this Website.
Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

Establish a link from any website that is not owned by you.
Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other Website.
Link to any part of the Website other than the homepage.
Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms. You agree not to use the Website:

In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards as set out below in these Terms.
To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.

Additionally, you agree not to:

Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
Use any device, software or routine that interferes with the proper working of the Website.
Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
Attack the Website via a denial-of-Service attack or a distributed denial-of-Service attack.
Otherwise attempt to interfere with the proper working of the Website.

Monitoring and Enforcement; Termination

We have the right to:

Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for the Company.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review all material before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting Services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Links from the Website

If the Website contains links to other Websites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those Websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

KROMA REFERRAL PROGRAM TERMS AND CONDITIONS

The Kroma Referral Program (the "Referral Program") is designed to reward customers for referring new customers to Kroma Wellness, PBC ("Company"). By participating in the Referral Program, you agree to be bound by these Referral Program Terms and Conditions.

Eligibility

To participate in the Referral Program, you must be a current customer of Kroma Wellness, PBC and have a valid customer account ("Referrer"). The Referral Program is only available to individuals who are at least 18 years of age and have the legal capacity to enter into a binding agreement.

Referral Process

Referrers may refer friends, family members, or acquaintances ("Referees") to Kroma using the referral link or code provided by Company on the Website. Referrers can refer Referees by sharing their unique referral link or code provided by the Company.

Rewards

Referrers may be eligible to receive rewards ("Rewards") for successful referrals. The specific details of the Rewards, including the type and value, will be communicated by the Company to the Referrer. Rewards may be in the form of discounts, store credits, or other benefits, as determined by the Company.

Referee Requirements

To be considered a successful referral, the Referee must meet certain requirements specified by the Company. These requirements may include, but are not limited to, creating a new customer account, making a qualifying purchase, or subscribing to a service offered by Kroma Wellness, PBC. The Company reserves the right to verify the Referee's compliance with these requirements and to disqualify any Referee who does not meet these requirements. The Company also reserves the right to modify the Referee requirements at any time.

Reward Redemption

Referrers may redeem their earned Rewards in accordance with the instructions provided by the Company. Rewards may be subject to expiration dates and other limitations as determined by the Company.

Prohibited Conduct

Referrers must not engage in any fraudulent, deceptive, or unethical behavior when participating in the Referral Program. This includes, but is not limited to, creating multiple customer accounts, using false information, or engaging in any activity that violates applicable laws or regulations, including but not limited to the Controlling the Assault of Non-Solicited Pornography And Marketing (CAN-SPAM) Act, the Telephone Consumer Protection Act (TCPA).

Modification or Termination

The Company reserves the right to modify or terminate the Referral Program at any time, with or without prior notice, at its sole discretion. Any modifications or terminations will be communicated to Referrers through the means determined by the Company. In the event of termination, Referrers will have a specified period of time to redeem their earned Rewards, after which any unused Rewards will be forfeited. The Company is not liable for any loss or damage resulting from modification or termination of the Referral Program.

General Terms

Participation in the Referral Program does not create any employment or agency relationship between the Referrer and the Company. The Referral Program is void where prohibited by law. The Company's decisions regarding the Referral Program, including the eligibility of Referrers and Referees and the allocation of Rewards, are final and binding. For the avoidance of doubt, all other terms and conditions stated in these Terms apply to your participation in the Referral Program.

KROMA’S LOYALTY REWARDS PROGRAM

Loyalty Rewards Program Terms and Conditions

The Kroma Loyalty Program (the “Program”) sponsored by Kroma is designed to help you get the most out of your membership. We reward you for doing the things you already do: shop on kromawellness.com (the “Site”). Best of all, you can use the points you earn to purchase more Kroma Products!

The following terms and conditions (these “Loyalty Program Terms and Conditions”) contain important information regarding the Program. Please read the following Loyalty Program Terms and Conditions carefully. These Loyalty Program Terms and Conditions are incorporated into the Website Terms and Conditions. Acceptance of the Website Terms and Conditions includes acceptance of these Loyalty Program Terms and Conditions. These Loyalty Program Terms and Conditions are a binding agreement between you and Kroma and will govern your participation in any and all Program offers.

Participating in the Program entitles members (“Members”) to take advantage of certain Program rewards (“Rewards”) that may change from time to time and, which may be made available for limited times, all as determined by Kroma in its sole discretion. Kroma reserves the right to modify these Loyalty Program Terms and Conditions at any time, without notice to you, so it is important to check the Loyalty Program Terms and Conditions periodically. Participation in the Program or redemption of Rewards is considered acceptance of these Loyalty Program Terms and Conditions and any modified terms included therein.

Upon notice, Kroma may, in its sole and absolute discretion, cancel, change, suspend or modify any aspect of the Program or any Program Reward at any time, including the availability of any Program Reward.

Program Period

This Program will continue until terminated, suspended, modified, or converted to another wards program by Kroma at its sole discretion (the “Program Period”).

Eligibility

To become a Member of the Program, you must be a legal resident of the fifty (50) United States, the District of Columbia, Guam, Puerto Rico, or the US Virgin Islands and be 13 years of age or older. To enroll in the Program, you can simply create a Kroma account, which can be accessed on our website under the ‘My Account’ page.

Earning and Redeeming Kroma Rewards Points

Kroma Rewards Points

Under the Program, Members will receive 1 Point (a “Kroma Rewards Point”) credited to their Kroma Rewards for every U.S. dollar spent.

Upon notice, Kroma reserves the right to suspend, terminate, revalue or modify, without liability to Members, all or part of the Kroma Rewards Points’ value structure and offers and any merchandise or Service. Kroma reserves the right to adjudicate all Kroma Rewards Points discrepancies in its sole discretion, and the Members agree to abide by any such adjudication. You can check your Kroma Rewards Points balance on your account page.

Any reference to "merchandise" or the value of merchandise in these Loyalty Program Terms and Conditions for purposes of collecting Kroma Rewards Points includes all Kroma Products sold online through kromawellness.com only. It does not include payment for e-gift cards, gift cards, ticket purchases for special Kroma events, or value of any discount codes used. Kroma Rewards Points are not earned on purchases of Kroma Products through other on- or off-line retailers.

As part of the Benefits of being a Member, your Kroma Rewards Points may be redeemed for rewards made available by Kroma from time to time in its sole discretion (“Rewards”). You are eligible to redeem Kroma Rewards Points for a Reward if you have enough Kroma Rewards Points in your account. Rewards can only be redeemed online and shipped to addresses in the contiguous United States.

Kroma Rewards Points themselves have no cash value and can only be redeemed for Rewards. Kroma may, in its sole discretion, allow Kroma Rewards Points to be redeemed for other benefits or items of merchandise from time to time. However, unless expressly permitted by Kroma, Kroma Rewards Points are never redeemable for cash, for another Product, for gift cards or for e-gift certificates.

Kroma Reward Point Expiration

It's our hope that you redeem your Kroma Rewards Points on a regular basis. All unredeemed Kroma Rewards Points will expire when a Program member has not engaged in Kroma Rewards Point activity associated with that membership account (through purchase or redemption) for 12 months or longer. If you have questions regarding the date of your last Kroma Rewards Point activity or your last purchase, check your Profile page. If you feel Kroma Rewards Points have expired in error, please email customer Service at help@kromawellness.com for assistance.

Kroma Rewards Profile Page

Your Kroma Rewards profile page is your destination for everything Kroma Rewards related, including your current Kroma Rewards Point balance or Kroma Rewards Point activity stored in your account. Your Kroma Rewards profile page can be accessed by logging into your online account on the Website.

Rewards

Generally, Kroma may offer Rewards through your profile page from time to time and in its sole discretion. Your Kroma Rewards page is where you can browse Rewards and then redeem Kroma Rewards Points for Rewards with redemption varying in Points.

All Kroma Rewards are offered for a limited time, while supplies last, and provided on a first-come, first-served basis. Quantities of each Reward are limited and you must be a registered Kroma Rewards Member in order to redeem offers. Kroma Rewards Members may only redeem one of each Reward per transaction. Kroma Rewards Points will be deducted at time of redemption. Rewards are subject to change, alteration, substitution, or termination by Kroma in its sole discretion at any time.

All Rewards are non-transferable, have no cash value (unless required by law) and cannot be sold, returned or exchanged for Kroma Rewards Points, cash, another Product, gift card or e-gift certificate unless pursuant to a specific offer from Kroma. Kroma is not responsible for lost, stolen, or damaged Rewards. You are solely responsible for any taxes incurred by you relating to the receipt of Rewards. Rewards can only be shipped to addresses in the contiguous United States. See specific Rewards for any additional terms and conditions.

You cannot redeem Kroma Rewards Points for more than the total amount of your purchase. Kroma Rewards Points may be used with discount codes offered by Kroma from time to time.

Rewards may be taxable, depending on the value of the item and the federal, state, and local tax laws applicable to Member. Members are solely responsible for reporting such items on their tax returns and paying any associated tax liability. Members may not assign or transfer any Rewards. Kroma makes no warranty in any respect as to any Rewards, merchandise or Service available within the Program.

Redeeming a Reward

Rewards available for redemption online require a priced merchandise purchase.

If your online order is not completed during the same visit, the Rewards will remain in your shopping basket. However, they may no longer be available when you return and complete the order. You are not required to redeem a Reward during checkout. In the event a Reward arrives damaged, you received the wrong one, or one is missing from your order, please contact Kroma customer Service via email at help@kromawellness.com .

Refunds & Returns

Any items received as a result of Kroma Rewards Points redemption may only be exchanged for a refund of the applicable Kroma Rewards Points redeemed for such item (not cash or credit).

Purchases made with Kroma Rewards Points will ship in the normal course of business.

Kroma Rewards Points earned on a purchase that was subsequently returned or refunded will be rescinded in the event that such purchase is returned for a refund.

Termination

Kroma may, in its sole and absolute discretion, cancel, change, suspend, or modify any aspect of the Program and/or any Reward at any time, including the availability of any Reward. Kroma may, in its sole and absolute discretion, terminate or suspend any Member’s participation in the Program for breach of these Loyalty Program Terms and Conditions, or for taking any actions that are inconsistent with the intent of these Loyalty Program Terms and Conditions. Kroma reserves the right at its sole discretion to prohibit any Member from participating in any aspect of the Program if Kroma deems or suspects that such Member has engaged in or has attempted to engage in any of the following: (a) acting in violation of these Loyalty Program Terms and Conditions; or (b) damaging, tampering with or corrupting the operation of the Program or Website; or (c) any inappropriate, uncooperative, disruptive, fraudulent, potentially fraudulent, or unusual behavior or activity; or (d) activity deemed in the sole discretion of Kroma to be generally inconsistent with the intended operation of the Program. Any decision Kroma makes relating to termination or suspension of any Member’s participation in the Program shall be final and binding in all respects. Kroma shall be the sole determiner in cases of suspected abuse, fraud, or breach of these Loyalty Program Terms and Conditions or intent of these Loyalty Program Terms and Conditions.

Release

Except for willful misconduct or gross negligence on the part of Kroma, by participating in the Program, Members release Kroma, its directors, officers, employees, contractors, and agents, and its affiliates, suppliers, advertising and promotions agencies and their respective directors, officers, employees, and agents (collectively, “Released Parties”) from any and all liability for any loss, harm, damages, cost or expense, including, without limitation, property damages, personal injury and/or death, arising out of or in any way connected to the Program or the use of any Rewards.

Indemnification

Members agree to indemnify, defend and hold Kroma and its officers, directors, employees, contractors, representatives and agents harmless from and against any and all third party claims, demands, liabilities, costs or expenses, including attorney’s fees and costs, arising from, or related to any breach by Member of any of these Loyalty Program Terms and Conditions or any violation by Member of applicable law.

Additional Integrated Terms

These Loyalty Program Terms and Conditions shall be subject to the following sections of the Terms, and shall be treated as if integrated herein: Force Majeure, Governing Law and Jurisdiction, Dispute Resolution and Binding Arbitration, No Waivers, No Third-Party Beneficiaries, Notices, Disclaimer of Warranties, and Limitation of Liability.

LIMITED WARRANTY.

Disclaimer of Warranties

WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE WEBSITE FOR INDEFINITE PERIODS OF TIME OR CANCEL OUR SERVICES AT ANY TIME, WITHOUT NOTICE TO YOU. 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 WEBSITE WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE WEBSITE IS AT YOUR SOLE RISK.

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, THIS WEBSITE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE WEBSITE ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IF YOU RELY ON ANY DATA OR INFORMATION OBTAINED THROUGH THE WEBSITE, YOU DO SO AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS FROM YOUR USE OF SUCH DATA OR INFORMATION. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data.

Any information provided by us regarding the Products or otherwise (e.g. Product descriptions or instructions) is for informational purposes only. You should read and strictly follow all Product labels, packaging inserts and instructions and applicable manufacturer directions and warnings.

To the extent that a secondary party may have access to or view the Company content on your computer or mobile device, you are solely responsible for informing such party of all provisions, Terms, disclaimers and warnings in these Terms. To the extent any disclaimer or limitation of liability in these Terms does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the Services, and no warranties shall apply after such period. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.

You assume all responsibility and risk with respect to your use of the Website or the App. THE WEBSITE, THE APP, AND ALL CONTENT, MERCHANDISE, AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH THIS WEBSITE OR A “LINKED” WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY. SPECIFICALLY, BUT WITHOUT LIMITATION, KROMA DOES NOT WARRANT THAT: (1) THE INFORMATION ON THIS WEBSITE IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKE THEM AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICES AND PRODUCTS ARE CONTINUALLY UNDER DEVELOPMENT AND THE COMPANY MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO INFORMATION PROVIDED IN CONNECTION WITH ANY SERVICES OR PRODUCTS WITH RESPECT TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. NO ASSURANCE CAN BE GIVEN THAT THE INFORMATION CONTAINED ON THE WEBSITE WILL ALWAYS INCLUDE THE MOST RECENT DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.

TO THE FULLEST EXTENT PERMITTED BY LAW, KROMA, ITS AFFILIATES AND SUBSIDIARIES, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PRODUCTS, SERVICES AND THE WEBSITE AND YOUR USE THEREOF. THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE OR its CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE COMPANY WEBSITE, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (2) PERSONAL INJURY OR DEATH OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE OR FROM THE CONDUCT OF ANY USERS OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE, AND (6) FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT MADE AVAILABLE VIA THE WEBSITE. KROMA DOES NOT REPRESENT OR WARRANT THAT THE NUTRITION, INGREDIENT, ALLERGEN, AND OTHER PRODUCT INFORMATION ON OUR WEBSITE IS ACCURATE OR COMPLETE SINCE THIS INFORMATION IS PROVIDED ON THE PHSYCIAL PRODUCT PACKAGING AND ON OCCASION MAY BE MODIFIED BY KROMA OR A THIRD-PARTY MANUFACTURER WITH UPDATED LABELS, AS APPLICABLE. WE RECOMMEND THAT YOU DO NOT RELY SOLELY ON THE INFORMATION PRESENTED ON OUR WEBSITE AND THAT YOU CONSULT THE PRODUCTS LABEL DIRECTLY IF YOU HAVE A SPECIFIC DIETARY OR ALLERGIC CONCERN OR QUESTION ABOUT A PRODUCT.

WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR Website OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

ANY REMEDIES DESCRIBED HEREIN ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT OR SERVICE THAT YOU HAVE PURCHASED THROUGH THE WEBSITE, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY LOSS OF PRODUCTION, WORK, DATA, USE, BUSINESS, GOODWILL, REPUTATION, REVENUE OR PROFIT, ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT GOODS OR SERVICES, OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL THE TOTAL AGGREGATE AMOUNT THAT THE COMPANY IS LIABLE TO YOU EXCEED THE GREATER OF (I) $100.00 OR (II) THE AMOUNTS PAID BY YOU TO THE COMPANY IN CONNECTION WITH OUR PRODUCTS AND SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT ON WHICH YOUR CLAIM IS BASED. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF THE COMPANY FOR (1) DEATH, TANGIBLE PROPERTY DAMAGE, OR PERSONAL INJURY CAUSED BY THE COMPANY’S GROSS NEGLIGENCE OR FOR (2) ANY INJURY CAUSED BY THE COMPANY’S FRAUD OR FRAUDULENT MISREPRESENTATION. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT OR SERVICE THAT YOU HAVE PURCHASED, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY LOSS OF PRODUCTION, WORK, DATA, USE, BUSINESS, GOODWILL, REPUTATION, REVENUE OR PROFIT, ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT GOODS OR SERVICES, OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT. THE COMPANY DOES NOT REPRESENT IN ANY WAY THAT ANY NUTRITIONAL ADVICE CONSTITUTES QUALIFIED EXPERT ADVICE. YOU SHOULD ALWAYS SEEK EXPERT PROFESSIONAL ADVICE IN NUTRITIONAL AND HEALTH MATTERS AND SHOULD NOT RELY ON ANY OPINIONS EXPRESSED THROUGH THE SERVICES AS EXPERT OPINIONS OR ADVICE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and Service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Website, including, but not limited to, any use of the Website’s content, Services and Products other than as expressly authorized in these Terms or your use of any information obtained from the Website.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of California although we retain the right to bring any suit, action or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration Agreement; Class Waiver; Jury Waiver

YOU AND THE COMPANY ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. ANY CLAIM OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OR USE OF PRODUCTS OR SERVICES, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. Any dispute relating in any way to your visit to, or use of, the Website or the App, to the Products you purchase through the Website (including a subscription), or to your relationship to Kroma ("Claims") shall be exclusively submitted to confidential and binding arbitration in Los Angeles County, California, including based on contract, tort (including intentional tort), fraud, agency, your or our negligence, statutory or regulatory provisions, or any other sources of law; Claims made as counterclaims, cross-claims, third- party claims, interpleaders or otherwise; and Claims made independently or with other claims; provided, however, that to the extent that you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of California. The party filing arbitration must submit Claims to the American Arbitration Association and follow its rules and procedures for initiating and pursuing arbitration. Any arbitration hearing that you attend will be held at a place chosen by the American Arbitration Association in the same city as the U.S. District Court closest to your then current residential address, or at some other place to which you and Kroma agree in writing, and the arbitrator shall apply California law consistent with the Federal Arbitration Act. YOU SHALL NOT BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER USERS OR TO ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. You may obtain copies of the current rules, and forms and instructions for initiating arbitration by contacting the American Arbitration Association at using the contact information noted below: American Arbitration Association Website: www.adr.org.

A single, neutral arbitrator will resolve Claims. The arbitrator will be either a lawyer with at least ten (10) years’ experience or a retired or former judge, selected in accordance with the rules of the American Arbitration Association. The arbitration will follow the procedures and rules of the American Arbitration Association which are in effect on the date the arbitration is filed unless those procedures and rules are inconsistent with these Terms, in which case these Terms will prevail. Those procedures and rules may limit the discovery available to you or us. The arbitrator will take reasonable steps to protect your customer account information and other confidential information if requested to do so by you or us. Each party to the arbitration will bear the expense of that party's attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. The arbitrator's award is final and binding on the parties.

UNLESS OTHERWISE ALLOWED UNDER APPLICABLE LAW, ANY CLAIM YOU HAVE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE DATE THE CLAIM ARISES. AS NOTED ABOVE, YOU AND KROMA HEREBY VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT EITHER MAY HAVE TO A JURY TRIAL.

You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR KROMA WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration Terms will be enforced.

We will not choose to arbitrate any Claim you bring in small claims court. However, if such a Claim is determined by the court to be outside its jurisdiction, the parties agree that the dispute shall then be submitted to arbitration.

Notice to U.S. Government End Users

Any applications installed for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S. Government"), are provided with Restricted Rights as "commercial Items," as that Terms is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such Terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Pursuant to Federal Acquisition Regulation 12.212 (48 C.F.R. §12.212), the U.S. Government shall have only those rights specified in the license contained herein. The U.S. Government shall not be entitled to (i) technical information that is not customarily provided to the public or to (ii) use, modify, reproduce, release, perform, display, or disclose commercial computer software or commercial computer software documentation except as specified herein. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 C.F.R. 52.227-19, as applicable.

Assignment

You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms. The Company may assign its rights, obligations and/or these Terms at any time in its sole discretion without notice to you.

Waiver, Severability, and Remedies

The failure of Kroma to partially or fully exercise any rights or the waiver of Kroma of any breach of these Terms by you shall not prevent a subsequent exercise of such right by Kroma or be deemed a waiver by Kroma of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of Kroma under these Terms and any other applicable agreement between you and Kroma shall be cumulative, and the exercise of any such right or remedy shall not limit Kroma’s right to exercise any other right or remedy. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of the Company.

No waiver of by the Company of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

Written Document

You may preserve these Terms in written form by printing them for your records, and you waive any other requirement that these Terms be evidenced by a written document.

No Third-Party Beneficiaries

These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

Notices.

To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Website. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.

To Us. To give us notice under these Terms, you must contact us as follows: (i) by facsimile transmission to help@kromawellness.com; or (ii) by personal delivery, overnight courier or registered or certified mail to Kroma Wellness, PBC, 2683 Via de la Valle, Suite G254, Del Mar, CA, 92014. We may update the facsimile number or address for notices to us by posting a notice on the Website. Notices provided by personal delivery will be effective immediately. Notices provided by facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.

Geographic Restrictions

The owner of the Website is based in the state of California in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Governing Law and Jurisdiction

All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of California.

Privacy.

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

We respect your privacy and are committed to protecting it. Our Privacy Policy governs the processing of all personal data collected from you in connection with your use and/or purchase of Products or Services. Please review the Privacy Policy for important information regarding the information Kroma collects and your rights. When you sign up for certain of our Services using email, you agree and consent to receive email messages from us. These emails may be transactional or relationship communications relating to the Services, such as administrative notices and Service announcements or changes, or emails containing commercial offers, promotions or special offers from us or third-party partners.

Entire Agreement

These Terms and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.

Your Comments and Concerns

This website is operated by Kroma Wellness, PBC, which may be contacted via email at help@kromawellness.com.

All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set forth therein.

All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to help@kromawellness.com.

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Terms & Conditions