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 our Site, which we have included below. Please read these Terms before You proceed - because by using our Site, You are indicating 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 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 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 view these materials, but only in connection with your use of our Site. You may "printout" 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 not 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 firstname.lastname@example.org. However, by submitting these materials and ideas, You are also assigning all 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 any 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) years of age, pregnant, nursing, or have health problems. Never disregard professional medical advice or delay in seeking it because of something You 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 AND 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 supersedes 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 Commonwealth 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, re-exported 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.
On January 1, 2012, the California Transparency in Supply Chains Act of 2010 (SB 657), went into effect in the State of California. The act is designed to combat slavery and human trafficking by requiring companies to disclose information about their supply chains.
Ken's Foods, Inc. is committed to protecting the working rights and safety of the people who produce and supply products to our company. We prohibit human trafficking and slave labor in our operations and our company standards require compliance with applicable laws and regulations. We also have implemented an ethical sourcing program to insure that suppliers are meeting our standards. We expect our suppliers to comply with these same company standards, and to monitor their suppliers for compliance with these laws and regulations.
Verification. We demand our suppliers to audit their operations for compliance with our company standards and, as required, verify that their supply chain is free of objectionable conduct. We ask our suppliers to acknowledge in writing their understanding and acceptance of our standards.
Audit. Also, we may conduct audits of suppliers that may be scheduled or unannounced.
Certification. We ask our suppliers to certify in writing their compliance with all applicable laws, including laws against slavery and human trafficking and we will not do business with any company unable to certify compliance of the products supplied to us.
Training. Ken's Foods, Inc. will provide training for our employees who manage the supply chain regarding our policies on slavery and human trafficking.
By taking these steps, we believe that Ken's Foods, Inc. is showing its commitment to the global effort to eliminate slavery and human trafficking.