LitKit Terms and Conditions

The Service Agreement (“Service Agreement”) between KIDS READ NOW, INC., a 501(c)(3) non-profit company, is contracted to manage the selected reading program for the school/school district, hereafter referred to as CLIENT. The signed Service Agreement and these Terms and Conditions and Addendums together incorporate the responsibilities of both parties. 

1. PROGRAM FEATURES The Kids Read Now Program Overview denotes specific features included with each program version. Features and elements are subject to revision as KRN strives to enhance its services and effectiveness. This program is intended to deliver new books-to-keep to your students’ homes. Given uncertainties in the supply chain, delays may be possible, and substitutions may be made with similar genres and reading levels for unavailable books. 
2. GENERAL CONDITIONS 
   1. PAYMENT TERMS 
      1. Timing of payment. Client will remit payment to KRN by the payment date listed on their Service Agreement. If Client issues payment after the agreed-upon date, Client will forfeit any early payment incentives that may have applied to the agreed-upon payment date and will incur late charges of 1% per month or portion thereof. 
   2. TERM OF SERVICE AGREEMENT The term of our Service Agreement shall commence upon both parties signing the Service Agreement and continue for the duration listed therein. A 25% restocking fee may be assessed to clients who terminate their Service Agreement after signing, but before the end of the term listed therein.  
3. ADHERENCE TO PROGRAM TIMELINE AND RESPONSIBILITIES KRN will provide the Client with a program timeline that lists relevant deadlines and tasks to be completed based on the Client’s last day of school. KRN will adhere to the program timeline, providing that the Client does the same, especially regarding the most important milestones below. 
   1. Client will complete the Lit Kit title selection by the requested deadline, or will be sent a default set of grade-level specific books. 
   2. Client will inform KRN of any changes to the agreed-upon deadlines at least one week before the relevant deadline. 
      Failure to meet agreed-upon deadlines may cause services and shipments to be delayed, or, upon notice to the District Coordinator, expediting labor and freight charges to be invoiced to the school. 
4. LIMITATION OF LIABILITY IN NO EVENT SHALL KRN BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF OR RELATING TO THE SERVICE AGREEMENT, WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES HAS BEEN DISCLOSED IN ADVANCE BY BUYER OR COULD HAVE BEEN REASONABLY FORESEEN BY KRN, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN NO EVENT SHALL KRN’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE SERVICE AGREEMENT EXCEED THE TOTAL AMOUNT PAID TO KRN FOR THE ONE YEAR PERIOD PRECEDING THE DATE UPON WHICH THE DISPUTE AROSE. 
5. FORCE MAJEURE KRN shall not be responsible or liable for any delays or failures hereunder due to any cause or condition beyond the control of KRN, including without limitation, acts of God or nature, government intervention, Pandemic restrictions or impacts, power failure, communications failure, unauthorized access or theft, strikes or other labor difficulties, fire, floods, inability to secure transportation facilities, actions of the elements, shortage of goods, riots or other civil commotion, war, and acts of terror. 
6. SEVERABILITY In the event that any provision of the Service Agreement is held invalid, then the remaining provisions of this Service Agreement shall not be affected thereby. 
7. GOVERNING LAW The rights and obligations of the parties under the Service Agreement shall be governed by laws of the Client’s State without regard to conflicts of laws principles. 
8. COMPLETE AGREEMENT This Service Agreement, incorporating this document, contains the entire agreement between the parties hereto with respect to the subject matter contemplated hereby and supersedes all previous and all contemporaneous negotiations, commitments, writings, and understandings except as expressly provided herein. The Service Agreement may be modified, changed, or added to only by an agreement in writing executed by both parties. Specific program elements and role responsibilities may change and will be updated in modified addendums issued to Client; any additional or inconsistent terms, understandings, and conditions contained in any written document (including without limitation Client’s order forms or purchase acknowledgment) supplied by Client are objected to by KRN and will not be effective or binding as to KRN.