KREAM MINI MART

Terms of Use

1.Introduction

Welcome to the family of websites and applications provided by KREAM MINI MART. These Terms of Use govern your access to and use of all KREAM MINI MART Sites. By using the KREAM MINI MART Sites, you affirm that you are of legal age to enter into these Terms of Use, or, if you are not, that you have obtained parental or guardian consent to enter into these Terms of Use. If you violate or do not agree to these Terms of Use, then your access to and use of the KREAM MINI MART Sites is unauthorized. Additional terms and conditions apply to some services offered on the KREAM MINI MART Sites (e.g., KREAM MINI MART Pharmacy, and Gift Cards). Those terms and conditions can be found where the relevant service is offered on the KREAM MINI MART Sites and are incorporated into these Terms of Use by reference.

 

DEFINED TERMS: In these Terms of Use:

  • When we say “KREAM MINI MART,” We also refer to KREAM MINI MART as “we,” “us” and “our.” But when we say “KREAM MINI MART Entities,” we mean KREAM MINI MART and its affiliates; its and their suppliers, vendors, contractors, and licensors; and its and their directors, officers, employees, and agents.
  • When we say “KREAM MINI MART Sites,” we mean www.KREAM MINI MART.com, the KREAM MINI MART Apps, and all related functionality, services, and Content offered by or for KREAM MINI MART on or through www.KREAM MINI MART.com and the KREAM MINI MART Apps or the systems, servers, and networks used to make the KREAM MINI MART Sites available.
  • When we say “KREAM MINI MART app”, we mean the official “KREAM MINI MART app” for iPhone and Android, which we are developing and will be available for download from the iTunes App Store or Google Play Store in the future, along with the “Scan & Go” mobile app and the “KREAM MINI MART GO” app.
  • When we say “you” or “your” we mean any user (like you!) of any KREAM MINI MART Site.
  • When we say “Terms of Use,” we mean these Terms of Use and all other terms and policies posted by KREAM MINI MART on the KREAM MINI MART Sites (and any updates by KREAM MINI MART to these Terms of Use and those terms and policies).
  • A few other key terms used in these Terms of Use:
  • When we say “Content,” we mean merchandise information, product descriptions, reviews, comments, messages, reviews, communications, feedback, submissions, suggestions, questions, and other information, data, content, and materials (including page headers, images, text, illustrations, formats, logos, hashtags, designs, icons, photographs, software programs, music clips or downloads, video clips, and written and other materials.)
  • When we say “Ideas,” we mean ideas, concepts, feedback, and know-how that you make available in connection with the KREAM MINI MART Sites.
  • When we say “make available,” we mean post, transit, publish, upload, distribute, transmit, display, provide, or otherwise submit or make available (including through any part of the KREAM MINI MART Sites administrated by third-party social media platforms (e.g., Facebook or Instagram) that allow interaction with the KREAM MINI MART Sites through the tools offered by such social media platforms).
  • • When we say “Materials,” we mean Content that KREAM MINI MART Entities make available on or through the KREAM MINI MART Sites, including In Store Now information.
    IMPORTANT: THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN SECTION 20 BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. THIS MEANS THAT YOU AND KREAM MINI MART ARE EACH GIVING UP OUR RIGHTS TO SUE EACH OTHER IN COURT OR IN CLASS ACTIONS OF ANY KIND.
    WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS: While there are important points throughout these Terms of Use, please note the warranty disclaimers and limitations on KREAM MINI MART’s liability explained in Sections 17 and 18, respectively.
    UPDATES: We may update these Terms of Use from time to time by notifying you of such changes by any reasonable means, including by posting a revised Terms of Use through the KREAM MINI MART Sites. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms of Use incorporating such changes or otherwise notified you of such changes. By continuing to use or access any of the KREAM MINI MART Sites after we post any changes, you accept the updated Terms of Use. The “Last Updated” legend above indicates when these Terms of Use were last changed.

 

2. Your Use of the KREAM MINI MART Sites

You certify that the Content you provide on or through the KREAM MINI MART Sites is accurate and that the information you provide on or through the KREAM MINI MART Sites is complete. You are solely responsible for maintaining the confidentiality and security of your account including username, password, and PIN. KREAM MINI MART is not responsible for any losses arising out of the unauthorized use of your account. You agree that KREAM MINI MART does not have any responsibility if you lose or share access to your device. Any agreement between you and the issuer of your credit card, debit card, or other form of payment will continue to govern your use of such payment method on the KREAM MINI MART Sites. You agree that KREAM MINI MART is not a party to any such agreement, nor is KREAM MINI MART responsible for the content, accuracy, or unavailability of any method used for payment. Your account may be restricted or terminated for any reason, at our sole discretion. Except as otherwise provided by law, at any time without notice to you, we may (1) change, restrict access to, suspend, or discontinue the KREAM MINI MART Sites or any portion of the KREAM MINI MART Sites, and (2) charge, modify, or waive any fees required to use any services, functionality or other content available through the KREAM MINI MART Sites or any portion of the KREAM MINI MART Sites.

In connection with the KREAM MINI MART Sites, you will not:

  • Make available any Content through or in connection with the KREAM MINI MART Sites that is or may be in violation of the content guidelines set forth in Section 3.C (Prohibited Content) below.
  • Make available through or in connection with the KREAM MINI MART Sites any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment.
  • Use the KREAM MINI MART Sites for any commercial purpose, or for any purpose that is fraudulent or otherwise tortious or unlawful.
  • Harvest or collect information about users of the KREAM MINI MART Sites.
  • Interfere with or disrupt the operation of the KREAM MINI MART Sites or the systems, servers, or networks used to make the KREAM MINI MART Sites available, including by hacking or defacing any portion of the KREAM MINI MART Sites; or violate any requirement, procedure or policy of such servers or networks.
  • Restrict or inhibit any other person from using the KREAM MINI MART Sites.
  • Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute, or otherwise exploit any portion of (or any use of) the KREAM MINI MART Sites except as expressly authorized in these Terms of Use, without KREAM MINI MART’s express prior written consent.
  • Reverse engineer, decompile, or disassemble any portion of the KREAM MINI MART Sites, except where such restriction is expressly prohibited by applicable law.
  • Remove any copyright, trademark, or other proprietary rights notice from the KREAM MINI MART Sites.
  • Frame or mirror any portion of the KREAM MINI MART Sites, or otherwise incorporate any portion of the KREAM MINI MART Sites into any product or service, unless you obtain KREAM MINI MART’s express prior written consent to do so.
  • Systematically download and store any Materials.
  • Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather any Materials, or reproduce or circumvent the navigational structure or presentation of the KREAM MINI MART Sites, without KREAM MINI MART’s express prior written consent.
  • Cause injury to any person or entity.
  • Violate any law, rule, or regulation, or these Terms of Use.
  • You will not use the KREAM MINI MART Sites or KREAM MINI MART’s name, logo, or brand to (1) send any unsolicited or unauthorized Content, including advertising, promotional materials, email, junk mail, spam, or other form of solicitation; or (2) use any meta tags or other hidden text or metadata utilizing a KREAM MINI MART trademark, logo, URL, or product name without KREAM MINI MART’s written consent;
  • You will not attempt to do anything, or permit, encourage, assist, or allow any third party to do anything, prohibited in this Section, or attempt, permit, encourage, assist, or allow any other violation of these Terms of Use.

 

3. Content and Ideas

A. Submitting Content and Ideas

KREAM MINI MART provides functionality that enables users to make available Content and Ideas in connection with the KREAM MINI MART Sites. Any text in Content should be written in English. You acknowledge and agree that you are responsible for all Content and Ideas you make available in connection with any KREAM MINI MART Site. You represent and warrant that (1) you have the authority to grant the rights in such Content and Ideas as set forth in these Terms of Use, including in Section 3(B) below; and (2) such Content and Ideas, and the use of such Content and Ideas, will not violate any term of these Terms of Use. This means you will be responsible for the legality, the accuracy, the appropriateness, the originality, and your rights in any such Content and Ideas.

B. KREAM MINI MART’s Rights to Use Content and Ideas

You grant to KREAM MINI MART a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display (publicly or otherwise) any Content that you make available, in any media or medium, and in any form, format, or forum now known or hereafter developed. You further agree that KREAM MINI MART is free to use any Ideas for any purpose. KREAM MINI MART may sublicense its rights in Content and Ideas through multiple tiers of sublicenses. KREAM MINI MART is, and will be, under no obligation (1) to maintain any Content or Idea in confidence; (2) to pay any compensation for any Content or Idea; or (3) to respond to any Content or Idea. You grant to KREAM MINI MART the right to use any name associated with any Content or Idea that you make available to KREAM MINI MART, although KREAM MINI MART has no obligation to exercise such right, or to otherwise provide any attribution for any Content or Idea.

C. Prohibited Content

You agree that you will not make available Content in connection with the KREAM MINI MART Sites that:

  • is false, fraudulent, inaccurate, or misleading;
  • contains your full name(s), or any other confidential personally identifiable information of yourself or others;
  • violates any local, state, federal, or international laws or is otherwise tortious;
  • is protected by or would infringe on the rights of others (including KREAM MINI MART), including any patent, copyright, trademark, trade secret, right of publicity or privacy, or any other proprietary right, without the express prior written consent of the applicable owner;
  • is obscene, indecent, pornographic, or otherwise objectionable;
  • is derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by KREAM MINI MART in its sole discretion;
  • victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
  • is violent or threatening, or promotes violence against, or actions that are threatening to, any individual or group;
  • contains advertisements, solicitations, or spam links to other web sites or individuals, without prior written permission from KREAM MINI MART;
  • contains or relates to chain letters or pyramid schemes;
  • impersonates another business, person, or entity, including KREAM MINI MART, its related entities, employees, and agents;
  • violates any policy posted on the KREAM MINI MART Sites; or
  • is intended to cause harm, damage, disable, or otherwise interfere with the KREAM MINI MART Sites or our partners.

 

4. Monitoring by KREAM MINI MART

KREAM MINI MART will have the right (but not the obligation), in our sole discretion, to monitor, evaluate, and analyze Content, and any use of and access to the KREAM MINI MART Sites, including to determine compliance with these Terms of Use and any other operating rules that may be established by KREAM MINI MART from time to time. KREAM MINI MART will also have the right (but not the obligation), in our sole discretion, to edit, move, delete, or refuse to make available any Content made available through, the KREAM MINI MART Sites, for any reason, including violation of these Terms of Use, whether for legal or other reasons. Despite this right of ours, you are solely responsible for any Content you make available, and you agree to indemnify KREAM MINI MART for all claims resulting from any Content you make available.

 

5. Materials Available on the KREAM MINI MART Sites

KREAM MINI MART and its suppliers and licensors may make available various Materials. The Materials are for educational and informational purposes only, and errors may appear from time to time. Before you act in reliance on any Materials, you should confirm any facts that are important to your decision. The KREAM MINI MART Entities make no warranty as to the reliability, accuracy, timeliness, usefulness, or completeness of any Materials.
NO MATERIALS RELATED TO HEALTH, WELLNESS, PRESCRIPTIONS, OR PHARMACEUTICALS ARE INTENDED TO SUBSTITUTE FOR THE DIAGNOSIS, TREATMENT AND ADVICE OF A MEDICAL PROFESSIONAL, AND SUCH MATERIALS DO NOT COVER ALL POSSIBLE USES, PRECAUTIONS, SIDE EFFECTS, AND INTERACTIONS, AND SHOULD NOT BE CONSTRUED TO INDICATE THAT ANY DRUG IS SAFE OR EFFECTIVE FOR YOU. CONSULT THE PRODUCT INFORMATION (INCLUDING PACKAGE INSERTS) REGARDING DOSAGE, PRECAUTIONS, WARNINGS, AND INTERACTIONS, AND YOUR MEDICAL PROFESSIONAL, FOR GUIDANCE BEFORE USING ANY PRESCRIPTION OR OVER-THE-COUNTER DRUG.
THE KREAM MINI MART ENTITIES ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE MATERIALS.

 

6. Merchandise

The Sites may make available listings, descriptions, and images of goods and services (collectively, “Products”). Such Products may be made available by us or by third parties. We make no representations as to the completeness, accuracy, reliability, validity, or timeliness of such listings, descriptions, or images (including any features, specifications, and prices contained on the Sites). Such information and the availability of any Product are subject to change at any time without notice.
We have made efforts to accurately display the attributes of Products, including the applicable colors. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will accurately reflect actual product color or finish. In addition, certain weights, measures, and similar descriptions are approximate and are for convenience only.
We sell Products for children’s use; however, these Products are intended for sale to adults.
KREAM MINI MART has no liability to you for content on the KREAM MINI MART Sites that you find to be offensive, indecent, or objectionable. Certain videos, movies, TV programs, video games, computer games, and other Products are labeled with age restrictions or are intended for individuals of certain ages or “mature audiences” only. By ordering an age restricted item, you certify that you satisfy the age restrictions.

 

7. Third Party Sites

References on KREAM MINI MART Sites to any names, marks, products, or services of third parties, or links to third-party sites or information, are not an endorsement, sponsorship, or recommendation of the third party or its information, products, or services.

KREAM MINI MART is not responsible for the content of any third-party linked site or any link contained in a linked site, including any third-party social media or mobile app platform with which the KREAM MINI MART Sites operate or otherwise interact, nor is KREAM MINI MART responsible for the acts or omissions of any operator of any such site or platform. Your use of any such third-party site or platform is at your own risk, and will be governed by such third party's terms and policies (including its privacy policy).

 

8. Shipping and Delivery

Products will be shipped to an address designated by you, if applicable, so long as such address is complete and complies with the shipping restrictions contained on the KREAM MINI MART Sites. All transactions are made pursuant to a shipping contract, and, as a result, risk of loss and title for Products pass to you upon delivery of the Products to the carrier.

 

9. Export Policy

You acknowledge that (a) goods licensed or sold on the KREAM MINI MART Sites, and (b) any software or technology purchased, downloaded, or used from the KREAM MINI MART Sites, are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received, and you agree to comply with all applicable laws. You agree, represent, and warrant that no Materials will be accessed from, downloaded in, released in, carried to, transferred to, transshipped through, exported to, or re-exported (collectively “transferred”) to any territory (or national resident thereof), person, entity, or organization to which such Materials could not be transferred directly from the United States or by a U.S. person without a license, including without limitation to any person on the U.S. Treasury Department’s List of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List.

 

10. Intellectual Property

The KREAM MINI MART Sites and all Materials, and all copyrights, trademarks, trade dress, and other intellectual property rights there (collectively, the “IP”) are owned or controlled by or licensed to KREAM MINI MART, and are protected by U.S. and international trademark, copyright, and other intellectual property laws. Materials are licensed (not sold) to end users. Subject to your compliance with these Terms of Use, and solely for so long as you are permitted by KREAM MINI MART to use the KREAM MINI MART Sites, you may access, view, download, and print the Materials for your personal, non-commercial use only; provided, however, that you (1) retain all copyright, trademark, or other proprietary designations contained on all Materials; (2) do not modify or alter the Materials in any way; and (3) do not provide or make available the Materials to any third party in a commercial manner. In addition, subject to your compliance with these Terms of Use, and solely for so long as you are permitted by KREAM MINI MART to use the KREAM MINI MART Apps, we permit you, on a limited, non-exclusive, revocable, non-transferable, non-sublicensable basis, to install and use the KREAM MINI MART Apps on a mobile device that you own or control, solely for your personal, non-commercial use. If you fail to comply with any of the terms or conditions of these Terms of Use, you must immediately cease using the KREAM MINI MART Apps and remove (that is, uninstall and delete) the KREAM MINI MART Apps from your mobile device.

No license, right, title, or interest in the KREAM MINI MART Sites or any Materials is transferred to you as a result of your use of the KREAM MINI MART Sites or your accessing, viewing, downloading, or printing of the Materials. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell, or participate in any sale of or exploit in any way, in whole or in part, any of the Materials or the KREAM MINI MART Sites. The KREAM MINI MART Sites and Materials may be used only as a personal shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the KREAM MINI MART Sites and the Materials is strictly prohibited. The compilation (meaning the collection, arrangement, and assembly) of the KREAM MINI MART Sites and Materials is the exclusive property of KREAM MINI MART and is also protected by U.S. and international copyright laws.

 

13. Privacy

You acknowledge that any personal information that you provide through the KREAM MINI MART Sites will be used by KREAM MINI MART in accordance with KREAM MINI MART’s Privacy Policy (available at { Privacy website }), which may be updated by KREAM MINI MART from time to time. If you purchase an item on KREAM MINI MART.com sold by a Marketplace Retailer or a KREAM MINI MART supplier, KREAM MINI MART may share certain information with that Marketplace Retailer or supplier to permit the Marketplace Retailer or supplier, as applicable, to fulfill and ship your order, process returns, and provide customer service.

 

14. Disclaimer of Warranties

THE KREAM MINI MART SITES, AND ALL CONTENT, MATERIALS, PRODUCTS, SERVICES, FUNCTIONALITY, AND OTHER ITEMS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE KREAM MINI MART SITES, ARE PROVIDED BY KREAM MINI MART ON AN “AS IS” AND “AS AVAILABLE” BASIS. NO KREAM MINI MART ENTITY MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE KREAM MINI MART SITES OR THE CONTENT, MATERIALS, PRODUCTS, SERVICES, FUNCTIONALITY, OR OTHER ITEMS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE KREAM MINI MART SITES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE KREAM MINI MART ENTITIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, THE KREAM MINI MART ENTITIES DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THE KREAM MINI MART SITES. YOU ACKNOWLEDGE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, YOUR USE OF THE KREAM MINI MART SITES IS AT YOUR SOLE RISK. THIS SECTION 17 DOES NOT LIMIT THE TERMS OF ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF AN ITEM THAT IS SOLD BY KREAM MINI MART TO YOU THROUGH THE KREAM MINI MART SITES. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS OF USE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE KREAM MINI MART SITES AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE KREAM MINI MART SITES MAY NOT BE SECURE AND MAY BE INTERCEPTED OR OTHERWISE ACCESSED BY UNAUTHORIZED PARTIES. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO KREAM MINI MART ENTITY IS RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR PROPERTY OR DATA THAT RESULTS FROM ANY MATERIALS YOU ACCESS OR DOWNLOAD FROM THE KREAM MINI MART SITES. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

 

15. Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, KREAM MINI MART WILL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE KREAM MINI MART SITES, EVEN IF AN AUTHORIZED REPRESENTATIVE OF A KREAM MINI MART ENTITY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, THIS DISCLAIMER APPLIES TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION FAILURE, NETWORK OR SYSTEM OUTAGE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OF USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. SUBJECT TO THE FOREGOING, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, NO KREAM MINI MART ENTITY WILL BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE KREAM MINI MART SITES DURING THE SIX (6) MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, NO KREAM MINI MART ENTITY WILL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY SELLER (INCLUDING ANY MARKETPLACE RETAILER), SHOPPER, OR OTHER USER OF THE KREAM MINI MART SITES.

 

16. Termination

These Terms of Use are effective unless and until terminated by either you or KREAM MINI MART. You may terminate these Terms of Use at any time, provided that you discontinue any further use of the KREAM MINI MART Sites. We also may terminate these Terms of Use at any time and may do so immediately without notice, and deny you access to the KREAM MINI MART Sites, if in our sole discretion you fail to comply with any term or provision of these Terms of Use. Upon any termination of these Terms of Use by either you or KREAM MINI MART, you must promptly destroy all Materials and other Content downloaded or otherwise obtained from the KREAM MINI MART Sites, as well as all copies of such Content, whether made under these Terms of Use or otherwise. The following sections will survive any termination of these Terms of Use: “Your Use of the KREAM MINI MART Sites,” “Content and Ideas,” “Monitoring by KREAM MINI MART,” “Materials Available on the KREAM MINI MART Sites,” “Merchandise,” “Third Party Sites,” “Placing an Order with KREAM MINI MART,” “Shipping and Delivery,” “Export Policy,” “Intellectual Property” (excluding the rights granted to you in that Section), “Privacy,” “Third-Party Software & Licensing Notices,” “Indemnification,” “Termination,” “Disclaimer of Warranties,” “Limitation of Liability,” “Disputes & Arbitration,” and “General”.

 

17. General

These Terms of Use represent the complete agreement and understanding between you and KREAM MINI MART and supersede all prior agreements and representations between the parties with respect to the subject matter of these Terms of Use. These Terms of Use do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and KREAM MINI MART. Headings used in these Terms of Use are for reference purposes only and in no way define or limit the scope of the section. If any provision of these Terms of Use is held to be unenforceable for any reason, such provision will be reformed only to the extent necessary to make it enforceable and the other terms of these Terms of Use will remain in full force and effect. The failure of KREAM MINI MART to act with respect to a breach of these Terms of Use by you or others does not constitute a waiver and will not limit KREAM MINI MART's rights with respect to such breach or any subsequent breaches. You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms of Use without our express prior written consent. We may assign, transfer, or sublicense any or all of our rights or obligations under these Terms of Use without restriction. Any use of the term “including” or variations thereof in these Terms of Use shall be construed as if followed by the phrase “without limitation.” Notices to you (including notices of changes to this these Terms of Use) may be made via posting to the KREAM MINI MART Sites or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business.