Last revised: March 30, 2015
Terms and Conditions
IF YOU ACCESS OR USE ANY PART OF THE SITE, YOU INDICATE YOUR ACCEPTANCE OF THE AGREEMENT. IF YOU HAVE NOT READ THE AGREEMENT, DO NOT UNDERSTAND OR AGREE TO BE BOUND BY THE AGREEMENT, OR ARE NOT ABLE TO CONSENT TO BE BOUND BY THE AGREEMENT (E.G., IF YOU ARE NOT OLD ENOUGH TO ENTER INTO A BINDING LEGAL CONTRACT), DO NOT USE THE SITE.
1. Scope and Acceptance
Anyone who accesses or uses any part of the Site is an “End User.” The Agreement sets forth your rights and obligations as an End User with respect to your access to and use of the Site and use of any and all information or data of any kind arising from access to, or use of, the Site, including, without limitation, any text, graphics, images, art work, sound recordings, audio, video, and software.
If you are accessing or using any part of the Site on behalf of any business, organization, or other entity of any kind, you represent and warrant that you are authorized (a) to accept these terms on its behalf and (b) to bind such business, organization, or entity to the Agreement.
3. Description of the Site
Krunch Kitchen LLC is a purveyor of handmade granola and other products. End Users may use the Site to learn more about our products and to place orders.
The specific features and functionality of the Site are dynamic and may change from time to time. We reserve complete discretion with respect to the operation of the Site, and the right to change terms without notice. We also reserve the right to withdraw, suspend, or discontinue any functionality or feature of the Site at any time.
We will make commercially reasonable efforts to prominently display and explain all applicable fees and payments. Our current prices are published here www.krunch-kitchen.com/order. We may change our pricing and payment policy at any time and from time to time in our sole discretion. Unless otherwise expressly provided, orders are non-refundable. We may contract with one or more third parties to facilitate the processing of fees and payments.
Krunch Kitchen LLC may make promotional offers with different pricing for products and services offered through the Site.
We disclaim—and you release us from any liability regarding—errors, inaccuracies, and omissions of the Site, specifically regarding (though not in any way limited to) information provided to us by End Users. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice. Krunch Kitchen LLC makes no guarantees whatsoever as to the completeness, timeliness, correctness, or accuracy of the materials or data available through the Site. If you believe any portion of the Site includes an error or inaccuracy, please notify us.
6. Permitted Use
Certain Krunch Kitchen LLC materials provided through the Site are protected by intellectual property laws, including but not limited to U.S. copyright laws. You expressly acknowledge and agree that the content accessible through the Site that is not expressly designated as being provided by another End User is the property of Krunch Kitchen LLC and its content providers, and Krunch Kitchen LLC and its content providers retain all right, title, and interest in the content.
Subject to the terms of this Agreement, you are granted a limited, personal, non-exclusive, non-sublicensable, non-assignable, non-transferable, and revocable license to access and use the Site and related materials solely for your own use. Except as expressly provided, all rights are reserved. You are permitted to use the Site in compliance with the Agreement.
In connection with the use of the Site, you may not:
(a) alter or modify the Site, or make any electronic reproduction, adaptation, distribution, performance, or display of the Site, or any portion thereof, except to the extent required for the limited purpose of reviewing material on the Site; or
(b) sell, rent, lease, transfer, distribute, broadcast, display, provide, or otherwise assign to any third party any rights to the Site, or related materials; or
(c) remove or modify any proprietary notice or labels on the Site, or related materials, including author attribution and copyright notices, or use any of our trademarks as meta-tags on any other website; or
(d) use the Site for any non-authorized purpose or any illegal purpose; or
(e) copy, modify, erase, or damage any information contained on computer servers used or controlled by Krunch Kitchen LLC or any third party; or
(f) use the Site to violate any legal right of any third party, including any publicity or privacy right, copyright, or other intellectual property right, or to take any action that is harassing, libelous, defamatory, abusive, tortious, threatening, harmful, or otherwise objectionable; or
(g) access or use any password-protected, secure, or non-public areas of the Site, or access data on the Site not intended for you, except as specifically authorized by Krunch Kitchen LLC; or
(h) impersonate or misrepresent your affiliation with any person or entity; or
(i) use any automated means to access or use the Site, including scripts, bots, scrapers, data miners, or similar software, or display the Site, or portions thereof, in things (e.g., framing, scraping, etc.), without our express written permission; or
(j) attempt to or actually disrupt, impair, interfere with, alter, or modify the Site, or any information, data, or materials posted and/or displayed by Krunch Kitchen LLC; or
(k) attempt to probe, scan, or test the vulnerability of the Site or breach any implemented security or authentication measures, regardless of your motives or intent; or
(l) attempt to interfere with or disrupt access to or use of the Site by any user, processor, host, or network, including, without limitation, by submitting a virus, worm, Trojan horse, or other malicious code; or
(m) post any content to the Site that: (i) includes any profane, obscene, defamatory, discriminatory, threatening, menacing, harassing, or violent content; (ii) depicts or suggests nudity or sexual acts; (iii) promotes hatred, including against members of a protected group under federal, state, or local law (such as, for example, a group defined by race, gender, or national origin); (iv) is objectively shocking or disgusting; (v) depicts or suggests presently occurring illegal activity; (vi) includes unlicensed proprietary content of a third party, including, e.g., third-party content protected by copyright or trademark for which you do not have a license; (vii) breaches any duty of confidentiality you may have to a third party (e.g., discloses private information about a third party without consent); or (viii) is contrary to the Agreement, including Krunch Kitchen LLC’s rules and policies.
Krunch Kitchen LLC may suspend or terminate your access to and use of the Site at any time in its sole discretion and for any reason, including any breach of the Agreement.
7. Third Party Properties
The Site may refer you to physical venues, geographical sites, websites on the Internet, and/or products or services that are owned, under the control of, or maintained by a third party (including, for example, another End User) (“Third Party Properties”). Unless expressly stated to the contrary, such references do not constitute an affiliation with or endorsement by Krunch Kitchen LLC of any such Third Party Properties. You acknowledge that Krunch Kitchen LLC is providing any references to such Third Party Properties to you solely as a convenience to you, and you agree that Krunch Kitchen LLC is not responsible for any injury, harm, damages, or negative experience you may encounter by accessing, visiting, or using such Third Party Properties. Krunch Kitchen LLC does not endorse or make any representations about any Third Party Properties. If you access, visit, or use any Third Party Properties referred to through the Site, you do so at your own risk.
8. Availability of the Site
It is not possible to operate the Site with 100% guaranteed uptime. Krunch Kitchen LLC will make reasonable efforts to keep the Site operational. However, certain technical difficulties, routine site and software maintenance and upgrades, and other events may, from time to time, result in interruptions to or outages of the Site. In addition, Krunch Kitchen LLC reserves the right at any time, and from time to time, to modify or discontinue (on a temporary or permanent basis) certain functions of the Site, with or without notice.
You agree that Krunch Kitchen LLC shall not be liable to you or to any third party for any direct or indirect consequence of any modification, suspension, discontinuance of, or interruption to the Site.
9. Disclaimer of Warranties
You expressly agree that access to and use of The Site are at your sole risk. The Site is provided on an “as is” and an “as available” basis. EXCEPT FOR THOSE WARRANTIES MADE AND EXPRESSLY IDENTIFIED AS WARRANTIES BY Krunch Kitchen LLC, Krunch Kitchen LLC does not make, and hereby disclaims, any representations or warranties, express, implied, or statutory, regarding (a) The Site; (b) any products and services offered through The Site, or any portion thereof; AND (C) THE ACTS OR OMISSIONS OF END USERS OF THE SITE, including (without limitation) implied warranties of merchantability, fitness for a particular purpose, title, non-infringement of third party rights, and any warranties arising by course of dealing or custom of trade. Krunch Kitchen LLC makes no representation or warranty that any material, content, products, or services displayed on or offered through the Site are accurate, complete, appropriate, reliable, or timely. Krunch Kitchen LLC also makes no representations or warranties that the Site will meet your requirements, or that your access to and use of the Site will be uninterrupted or error-free, free of viruses, malicious code, or other harmful components, or otherwise will be secure. Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.
10. Release and Limitation of Liability
in the event that you have a dispute with one or more END Users, you release Krunch Kitchen LLC (and our officers, directors, agents, investors, subsidiaries, and employees) from any and all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute.
To the maximum extent permitted by applicable law and notwithstanding any other provision of this Agreement, in no event shall Krunch Kitchen LLC or any of its affiliates or suppliers (including any of its or their partners, officers, employees, agents, contractors, successors, or assignees) be liable to you (including any of your partners, officers, employees, agents, contractors, successors, or assignees) for any indirect, special, incidental, exemplary, punitive, or consequential damages, whether arising in contract, equity, tort, or otherwise (including breach of warranty, negligence, and strict liability in tort), NOR FOR ANY damages arising from delay, loss of goodwill, loss of or damage to data, interruption in use or availability of data, loss of use of money or use of products, lost profits, revenue or savings (actual or anticipated), or other economic loss ensuing from or in connectiON with (a) the Site; (b) any products and services offered through the Site, or any portion thereof; OR (C) ANY ACTS OR OMISSIONS OF END USERS OF THE SITE even if Krunch Kitchen LLC or any of its affiliates or suppliers has been advised of the possibility of such damages. These limitations shall apply notwithstanding the failure of the essential purpose of any limited remedy.
YOU EXPRESSLY WAIVE AND RELEASE ANY AND ALL RIGHTS AND BENEFITS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA (OR ANY ANALOGOUS LAW OF ANY OTHER STATE), WHICH READS AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM, MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF Krunch Kitchen LLC AND its affiliates AND suppliers (including any of its or their partners, officers, employees, agents, contractors, successors, AND assignees) TO YOU EXCEED THE GREATER OF (A) THE AMOUNT OF FEES PAID OR PAYABLE TO Krunch Kitchen LLC BY YOU UNDER THIS AGREEMENT, AND (b) one hundred U.S. dollars ($100). THIS LIMITATION ON THE AMOUNT OF LIABILITY SHALL APPLY WHETHER A CLAIM OR LIABILITY ARISES in contract, equity, tort, or otherwise (including breach of warranty, negligence, and strict liability in tort), AND EVEN IF Krunch Kitchen LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR LIABILITY. THIS LIMITATION SHALL SPECIFICALLY SURVIVE A FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDIES THAT MAY BE PROVIDED IN THIS AGREEMENT.
You agree to indemnify, defend, and hold harmless Krunch Kitchen LLC, its parents, subsidiaries, and affiliates, and its and their respective directors, officers, partners, employees, agents, contractors, successors, and assigns from and against all claims, demands, lawsuits, damages, liabilities, losses, costs, or expenses (including, but not limited to, reasonable fees and disbursements of counsel and court costs), judgments, settlements, and penalties of every kind arising from or relating to any violation of this agreement BY YOU and any ACT OR OMISSION BY YOU relatING to your use of the Site.
You agree that Krunch Kitchen LLC may, in its sole discretion and without prior notice, terminate your access to or use of any part of the Site at any time and for any reason, with or without cause. You also agree that any violation by you of the Agreement will constitute an unlawful and unfair business practice that will cause irreparable harm to Krunch Kitchen LLC for which monetary damages would be inadequate. You consent to Krunch Kitchen LLC’s obtaining any injunctive or equitable relief that Krunch Kitchen LLC deems necessary or appropriate in such circumstances, without the need for a bond. These remedies are in addition to any other remedies Krunch Kitchen LLC may have at law or in equity.
13. Intellectual Property Infringement by End Users
We expect End Users to respect the intellectual property rights of others. We may remove material that appears in our sole discretion to infringe upon the intellectual property rights of others. If you believe a work protected by a U.S. copyright you own has been posted on the Site without authorization, you may notify our copyright agent, and provide the following information:
(a) a physical or electronic signature of the person authorized to act on behalf of the copyright owner;
(b) identification of the copyrighted work or works claimed to have been infringed;
(c) a detailed description of the material you claim is infringing, together with information sufficient to enable us to locate it, including the URL or other description of where the infringing material appears;
(d) your name, mailing address, telephone number and e-mail address;
(e) a statement by you that you believe in good faith that the copyrighted material identified is being used in a manner that is not authorized by the copyright owner, its agent or the law; and
(f) a statement by you that the above information is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of the copyright allegedly infringed.
To notify Krunch Kitchen LLC of a claimed copyright infringement, please contact: firstname.lastname@example.org.
At any time and in Krunch Kitchen LLC’s sole discretion, we may add, delete, or modify the Agreement. We will use commercially reasonable efforts to publish to you any revised portion of the Agreement, for example, by publishing the latest version of these terms and conditions at this URL. Should you deem any such addition, deletion, or modification to the Agreement unacceptable, you shall stop accessing and using the Site. All changes to the Agreement shall be effective immediately.
14.2 Access and Use Where Prohibited
Access to and use of the Site are unauthorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation this Section.
14.3 Operation of the Site from the United States of America
By accessing and using the Site, you acknowledge and agree that Krunch Kitchen LLC controls and operates all parts of the Site from its offices in the United States of America and that the Site is intended for use by End Users located in the United States of America. Unless expressly stated to the contrary, Krunch Kitchen LLC makes no representation that the Site is appropriate or will be available for use in other locations. Unless otherwise explicitly stated, all marketing or promotional materials found on or accessible through the Site are solely directed to individuals, companies, or other entities located in the United States of America. Krunch Kitchen LLC reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product, or service to any person or geographic area. Any offer for any feature, product, or service made on or through the Site is void where prohibited. If you access or use the Site from outside the United States of America, you are entirely responsible for compliance with applicable local laws and other applicable laws. You may not use any portion of the Site in violation of applicable export laws and regulations.
14.4 Applicable Law and Venue
Any action related to the Agreement will be governed by the law of the State of New Jersey, without regard to the choice or conflicts of law provisions of any jurisdiction.
14.5 Dispute Resolution
Krunch Kitchen LLC intends to resolve any and all disputes that may arise among it and its End Users in a cost-effective and non-disruptive manner.
You agree to the following dispute resolution procedure for disputes arising between you and Krunch Kitchen LLC. If you are unable to resolve any dispute in the ordinary course of business, you shall send a written notice to Krunch Kitchen LLC in which you outline the issues in dispute, enclose any relevant documents, and state the requested relief. Krunch Kitchen LLC shall respond within ten (10) business days with identical information from its perspective. You and a representative of Krunch Kitchen LLC shall meet or communicate electronically within ten (10) business days of the delivery of the response, and as often as you and Krunch Kitchen LLC mutually deem necessary or desirable thereafter, in an attempt to resolve the matter. If, within sixty (60) days of the first communication, you and Krunch Kitchen LLC fail to resolve the matter, the dispute will be resolved exclusively by binding arbitration in accordance with the then-current Commercial Rules of the American Arbitration Association, provided that Krunch Kitchen LLC will have the right to petition any court of competent jurisdiction for the entry of injunctions and orders for specific performance relating to any alleged violation of intellectual property rights. You agree that you will not bring or be a party to any class-action lawsuit against Krunch Kitchen LLC.
14.6 End User Submissions and End User’s Grant of Limited Licensed
By communicating with Krunch Kitchen LLC, including submitting or sending content to us, you grant Krunch Kitchen LLC the royalty-free, unrestricted, world-wide, perpetual, irrevocable, non-exclusive, and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content (in whole or part), including any information, suggestions, ideas, drawings or concepts contained in such content, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. Such license includes incorporating the content, in whole or in part, into an Krunch Kitchen LLC feature. You will remain responsible for the accuracy, copyright compliance, legality, decency, or all other aspects of such submitted material, including any content or part thereof, or other communication to Krunch Kitchen LLC. You also warrant that any “moral rights” in such content are waived.
14.7 Force Majeure
In the event Krunch Kitchen LLC’s performance of this Agreement, or any obligation hereunder, is prevented, restricted, or interfered with by reason of acts of God or of the public enemy, acts of the Government in its sovereign capacity, fires, floods, epidemic, strikes, picketing or boycotts, or any other circumstances caused by natural occurrences or third party actions beyond the reasonable control and without the fault or negligence of Krunch Kitchen LLC, Krunch Kitchen LLC shall be excused from such performance on a day-to-day basis to the extent of such prevention, restriction or interference.
If any part of the Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
No failure or delay in enforcing any provision, exercising any option, or requiring performance, shall be construed to be a waiver of that or any other right in connection with the Agreement.
No action arising out of this Agreement or your access to or use of the Site, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose) and you hereby waive any longer statute of limitations that may be permitted by law.
If Krunch Kitchen LLC does take any legal action against you as a result of your violation of the Agreement, Krunch Kitchen LLC will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Krunch Kitchen LLC. You agree that Krunch Kitchen LLC will not be liable to you or to any third party for termination of your access to or use of any part of the Site as a result of any violation of the Agreement or for any reason at all.
You may not assign, by operation of law or otherwise, any rights or delegate any duties under the Agreement to any third party without prior written consent by Krunch Kitchen LLC. Any purported assignment lacking such consent will be void at its inception. Krunch Kitchen LLC may assign all or part of its rights and/or delegate all or part of its duties under the Agreement to any party, at any time, and in its sole discretion, upon notice of assignment by publishing such notice through the Site.