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We at Ken's Foods, Inc. have designed this web site (www.kensfoods.com) to
be informative yet fun. However, We have a few rules governing the use of
our Site, which We have included below. Please read these Terms before You
proceed - because by using our Site, You are indicating to Ken's that You
understand and agree to the terms. If for some reason You believe You cannot
abide by our Terms, PLEASE do not use our Site, but do let us know which
term(s) You found objectionable. Also, because We may modify our Terms at
any time, You may want to check back from time-to-time to make sure You are
still abiding by the current Terms.
Ownership and Use of Our Site. As between the two of us, We own all
the photos, software, images, and other materials displayed or used in our
Site, and all associated intellectual property rights. We are licensing You
the limited right to access, use and display these materials, but only in
connection with your use of our Site. You may "print-out" out single copies of
recipes and other information on our Site for your personal use, but otherwise,
You may not copy, distribute, republish, upload, modify or transmit any materials
from our Site. You also agree that You will use the Site and Materials, and access
other web sites from our Site, only for lawful purposes and in a way that does breach
the rights of any other person or company.
Submissions of Materials and Ideas. You may provide us with remarks,
suggestions, ideas, graphics, or other information through our feedback and ideas
feature at suggestions@kensfoods.com. However, by submitting these materials and
ideas, You are also assigning all of your rights in such materials and ideas to
Ken's. This means several things to You, a few of which We have listed below.
We will have exclusive ownership of all present and future rights to the materials
and ideas You submit. We can use them for any purpose - even in our products and
advertising. And, if We do use them - or any similar idea or materials - We do not
have to compensate You or anyone other person or company. Also, You represent that
You have the right to submit the materials and ideas to us under these Terms, and
that You assume full responsibility for the accurateness and appropriateness of the
materials You submit.
Information About Our Company and You. We at Ken's are proud of our company.
Any information We have provided about our facilities, capabilities, practices,
standards or other information is provided only as general information about our
company. None of this information is intended or shall be deemed be an offer of any
product or service, or to serve as a term or condition in any later agreement between
You (or any other person or company) and Ken's.
Our Site and Your Health. Any information available through use of our Site is general
interest information and is not to be confused with, or used as, professional
nutritional, health or medical advice. You (or anyone else) should always consult
with your health care professional before You start or change a diet or exercise
program, especially if You are under eighteen (18) of age, pregnant, nursing, or have
health problems. Never disregard professional medical advice or delay in seeking it
because of something You have read on this Site. And remember, what may help one person
may harm another.
Other Sites. We provide links to other web sites from our Site. We do not
endorse or approve any products, services or accuracy of any information or materials
of any other web site, or that the links to any other web sites are current, active or
correct.
DISCLAIMER OF WARRANTIES. THE MATERIALS ON OUR SITE ARE PROVIDED ">AS IS".
THIS MEANS THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, KEN'S DISCLAIMS ALL EXPRESS
AND IMPLIED WARRANTIES ABOUT THE SITE AND ANY MATERIALS CONTAINED IN THE SITE. THIS
MEANS THERE IS NO WARRANTY THAT THE SITE OR ANY SITE OR MATERIALS ACCESSED THROUGH
THE SITE ARE FIT FOR A PARTICULAR PURPOSE, ARE OF ANY PARTICULAR LEVEL OF QUALITY
("MERCHANTABILITY"), OR THAT THERE IS GOOD TITLE TO THE SITE OR MATERIALS CONTAINED
IN THE SITE.
WE THINK OUR RECIPES ARE WONDERFUL (AND WE HOPE YOU DO TOO), BUT PLEASE NOTE
THAT WE CANNOT AN DO NOT WARRANT OR PREDICT YOUR RESULTS OR OUTCOMES FROM
FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECIPES OBTAINED THROUGH USE OF
OUR SITE.
LIMITATION OF LIABILITY. KEN'S IS NOT LIABLE TO ANY PERSON OR COMPANY FOR ANY
DAMAGES OR INJURY THAT RESULT OR ARISE FROM USE OF THE SITE, THE MATERIALS AND
INFORMATION AVAILABLE THROUGH USE OF OUR SITE OR ANY WEB SITE ACCESSED FROM OUR SITE.
THESE LIMITATIONS APPLY TO ANY DAMAGES, LOSSES OR INJURY TO YOU OR ANY OTHER PERSON OR
COMPANY, WHETHER PERSONAL OR TO PROPERTY, CAUSED BY ANY USE, FAILURE, INTERRUPTION,
DEFECT, DELAY OR INABILITY TO USE THE SITE OR ANY WEB SITE ACCESSED THROUGH OUR SITE,
OR ANY OMISSION, COMPUTER VIRUS, OR FAILURE IN TELECOMMUNICATIONS USED TO ACCESS THE
SITE. FURTHERMORE, WE ARE NOT LIABLE EVEN IF WE'VE BEEN NEGLIGENT OR IF OUR AUTHORIZED
REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ALSO, ALL OF THESE EXCLUSIONS APPLY TO DAMAGES INTENDED TO COMPENSATE SOMEONE DIRECTLY
FOR A LOSS OR INJURY, INDIRECT, CONSEQUENTIAL OR OTHER DAMAGES REASONABLY EXPECTED TO
RESULT FROM A LOSS OR INJURY, OR OTHER INCIDENTAL EXPENSES OR COSTS ARISING FROM A
LOSS OR INJURY.
EXCEPTION: IN CERTAIN STATES, THE LAW MAY NOT ALLOW US TO DISCLAIM OR EXCLUDE
WARRANTIES, OR LIMIT LIABILITY, SO THE ABOVE DISCLAIMER AND LIMITATION ON LIABILITY
MAY NOT APPLY TO YOU.
Term and Termination. We both recognize that our agreement to the Terms
continues only for so long as we both mutually agree to continue it. Either You or
Ken's may terminate at any time and for any reason. If You terminate, You agree to
destroy all copies of all materials You have obtained from the Site. If You breach
any of the Terms, your rights under the Terms will terminate immediately.
General. These Terms constitute the entire agreement between You and Ken's
with respect to the Site and supercedes any prior agreements or previous terms between
You and Ken's. Ken's failure to enforce any provision of these Terms shall not be
construed as a waiver of any provision or right. In the event that a portion of the
Terms is held unenforceable, the unenforceable portion shall be construed in accordance
with applicable law as nearly as possible to reflect the original intentions of the
parties, and the remainder of the provisions shall remain in full force and effect.
These Terms and our agreement shall be interpreted and governed by the laws of the
State of Massachusetts and the United States. All of your obligations under the Terms,
and all of the limitations of liability, disclaimers of warranties, ownership
provisions, and other terms necessary to give legal construction, shall survive
termination of the Terms by either You or Ken's.
Territory of Use and Export. Ken's controls and operates company and
Site from the company's headquarters in Marlborough, Massachusetts, in the
United States of America. We in no way represent that the materials on the
Site are appropriate or available for use outside of the United States. If You
use our Site from locations outside of the United States, You are responsible
for compliance with any applicable local laws. Additionally, some software or
other technology from our Site may be subject to export controls imposed by
the United States and its agencies. Accordingly, it may be downloaded or
otherwise exported, reexported or provided to certain countries and foreign
nationals of those countries. The list of restricted countries is subject to
change by the United States government. Thus, if You download or use the
software or technology, You are, in effect, confirming to us that You are not
located in, are not under the control of, and are not a national or resident
of any such country, and that You are not on any such list.
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