Terms and Returns

TERMS OF USE

These Terms of Use govern the use of the k.knoodles, LLC ("k.knoodles") Web site and any information exchanged by means of this Web site. By accessing and using this Web site, you indicate your acknowledgement and acceptance of the terms and conditions set forth in the Terms of Use. k.knoodles reserves the right to amend or modify any of the provisions of these Terms of Use from time to time. You should review all of the Terms of Use upon each access or use of k.knoodles' Web site, because any changes will be binding on you. IF YOU DO NOT AGREE WITH ANY OF PART OF THESE TERMS OF USE, do not access or use any of the k.knoodles Web site and exit immediately.

ONLINE PAYMENT

k.knoodles uses third party service providers for shopping cart services and credit card payment services. As a result, you will make payment for any of k.knoodles' products (including shipping, taxes, fees and other similar charges) through other parties' web sites. If you make payment via credit or debit card, you may incur charges from such parties or from your financial institution in order to make online payment. You will also be subject to the terms and conditions of such third parties' web sites and you agree that k.knoodles will not be responsible or liable for any loss or damage caused or created by such third parties. If you believe that there is an error in the charges assessed against your credit or debit card, or the amount of the charges assessed with respect to your account, you should immediately notify us in writing of such error at: k.knoodles, P.O. Box 1695, Ladson, SC 29456-1695.

WEB SITE CONTENT AND INTELLECTUAL PROPERTY RIGHTS

This Web site contains information, communications, software, photos, text, video, graphics, music, sounds, images, and other material and services (the "Content") which are or may contain proprietary information owned, controlled or licensed by or to k.knoodles. This Web site and its Content are furnished to you by k.knoodles and are intended for your personal and lawful use in conformity with these Terms of Use. All right, title and interest in and to the Content are exclusively reserved to k.knoodles. You acknowledge and agree that the Content is protected by copyright, trademark and other intellectual property laws, that these rights are valid and protected in all media now existing or later developed, and that your access or use of any Content shall be governed and constrained by applicable copyright, trademark and other intellectual property laws. Further, you shall abide by all additional copyright or other notices, information or restrictions appearing in conjunction with any Content accessed on or through this Web site. This Web site and its Content are protected by copyright as a collective work and/or compilation pursuant to United States copyright laws, international conventions and other copyright laws. Except as expressly set forth in these Terms of Use, you may not modify, adapt, translate, exhibit, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, reverse engineer, decompile or dissemble, or in any way exploit, any of the Content, software, materials or Web site in whole or in part. You may download one copy of the Content (to which you have access) for your personal, noncommercial use only, but not for the purpose of or in connection with reproducing or posting the Content anywhere on the Internet or elsewhere, provided that you maintain all copyright and other notices contained in such Content. Except as permitted under these Terms of Use, copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without the prior written permission from k.knoodles (or the copyright holder identified in the Content's copyright or other proprietary notices). No download, copying or storing of any Content confers, conveys or otherwise transfers to you any ownership right, title or interest in or to any Content.

APPROPRIATE ACCESS AND USE

You shall not access or use any of this Web site or its Content for any purpose other than a lawful and legitimate purpose as intended by k.knoodles. Examples of prohibited access or use of this Web site or Content include, but are not limited to, access or use that may directly or indirectly: (i) manipulate or alter any transaction; (ii) unauthorized alteration of any materials, data or information provided by or to another user of this Web site; (iii) violate, plagiarize or infringe upon the rights of any third party, including, without limitation, copyright, trademark, privacy or publicity, contract or other personal or proprietary rights; (iv) introduce to this Web site any unlawful, libelous, defamatory, untrue, malicious, fraudulent, harassing, pornographic or offensive material, or material irrelevant to the legitimate access or use of this Web site; (v) constitute false or misleading indications of origin or statements of fact; (vi) harass, slander, libel or defame any person or entity; (vii) cause injury of any kind to any person or entity; (viii) result in the sale or purchase of stolen property, counterfeit items, contraband, controlled substances or any other material which may be unlawful; (ix) introduce to this Web site any viruses, worms or other programming routines which may disrupt or interfere with the operation of this Web site; (x) insert links to other Internet sites; (xi) promote any unlawful activity or purpose, including, without limitation, any activity that may result in criminal or civil liability; (xii) interfere with k.knoodles' ability to provide the services offered on this Web site to its users; and/or (xiii) violate any applicable laws, rules, regulations or other governmental regulations. You will take reasonable steps to ensure against the introduction of any virus, worms or other programming routines which may disrupt or interfere with the operation of this Web site. You will be responsible for the accuracy and completeness of all materials, data and information you transmit through or place on this Web site.

DISCLAIMER

Access or use of any of this Web site or its Content is voluntary and at your own risk. Reliance on this Web site and its Content should only be undertaken after independent review of its accuracy, completeness, efficacy and timeliness. Reference to any specific commercial product, content provider, process, or service by trade name, trademark, service mark, manufacturer, or otherwise does not constitute or imply endorsement, recommendation or favoring by k.knoodles. k.knoodles neither represents nor endorses the accuracy or reliability of any Content, material, advice, opinion, statement, data or other information displayed, uploaded or distributed on or through this Web site by any person or entity. k.knoodles assumes no responsibility for consequences resulting from the access or use of such Content, material, advice, opinions, statements, data or other information (including, without limitation, errors or omissions, the accuracy or reasonableness of assumptions or conclusions, the defamatory nature of statements, ownership of copyright or other intellectual property rights, and the violation of property, privacy or personal rights of others). Difficulties with hardware, software and equipment and services supplied by others may result in service interruption or downtime. Further, it is possible that some or all of this Web site or its Content may be corrupted and unusable due to the presence of "bugs" in software, viruses or other causes beyond the reasonable control of k.knoodles. In no event will k.knoodles be liable to you or other persons for any claim, cause of action, suit, demand, controversy, dispute, liability, loss, expense, costs and/or damage (collectively, "Claims") that may result from any period of service interruption or downtime suffered by this Web site. THIS WEB SITE AND ALL CONTENT PROVIDED BY K.KNOODLES OR THIRD PARTIES ON OR THOUGH THIS WEB SITE ARE PROVIDED "AS-IS". K.KNOODLES MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT, OR ANY OTHER WARRANTY, CONDITION, GUARANTY OR REPRESENTATION, WHETHER ORAL, WRITTEN OR IN ELECTRONIC FORM, INCLUDING, WITHOUT LIMITATION, THE ACCURACY OR USEFULNESS OF ANY OF THIS WEB SITE OR ITS CONTENT. BY AGREEING TO THESE TERMS OF USE, YOU AGREE THAT K.KNOODLES CAN AND MAY SEND PROMOTIONAL MESSAGES TO YOU ELECTRONICALLY OR VIA MAIL. IN NO EVENT SHALL K.KNOODLES, OR ANY OF ITS MEMBERS, REPRESENTATIVES, INFORMATION PROVIDERS, LICENSORS, OR LICENSEES (COLLECTIVELY, THE "INDEMNIFIED PARTIES"), BE LIABLE OR OTHERWISE RESPONSIBLE, INDEPENDENTLY, JOINTLY OR SEVERALLY, TO YOU OR ANY PERSON FOR ANY CLAIM, REGARDLESS OF THE NATURE OF THE CLAIM AND EVEN IF K.KNOODLES OR THE OTHER INDEMNIFIED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM, (I) FOR DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE AND/OR EXEMPLARY DAMAGE, (II) INCURRED IN CONNECTION WITH ACCESS OR USE OF ANY OF THIS WEB SITE OR ITS CONTENT, OR (III) CAUSED BY, DUE TO OR RELATED TO ANY INTERRUPTION, DELETION OF FILES, ERROR, OMISSION, DEFECT AND/OR DELAY IN PERFORMANCE. YOU HEREBY WAIVE ANY AND ALL CLAIMS AND RIGHTS TO BRING, AND EXPRESSLY AGREE NOT TO BRING, ANY SUCH CLAIM AGAINST K.KNOODLES OR ANY OF THE OTHER INDEMNIFIED PARTIES, IN CONNECTION WITH THE ACCESS OR USE OF ANY OF THIS WEB SITE OR ITS CONTENT.

INDEMNIFICATION

You hereby agree to indemnify, defend and hold harmless k.knoodles and the other Indemnified Parties, from and against any and all Claims (including, without limitation, reasonable attorneys' fees and costs) arising out of any breach by you of any of the provisions of these Terms of Use or otherwise arising from your access or use of this Web site or its Content. You shall cooperate as fully as reasonably required in the defense of any Claim. k.knoodles and/or the other Indemnified Parties, as applicable, reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

LINKED INTERNET SITES

This Web site may contain links to other World Wide Web Internet sites, services or resources (the "Links"). k.knoodles has not reviewed such Links, and is not responsible for the availability, accurateness or completeness of any Link. k.knoodles and the other Indemnified Parties do not endorse and are not responsible or liable for any Content, product, service, resource, advertising or other materials on or available from or through any Link. k.knoodles and the other Indemnified Parties shall not be responsible or liable, directly or indirectly, for any Claim caused or alleged to be caused by or in connection with your access to, use of or reliance on any such Link.

JURISDICTION AND VENUE

This Web site is controlled and operated by k.knoodles from its offices within the United States of America. Any Claim relating to this Web site shall be governed by the internal substantive laws of the United States and the State of South Carolina. You and k.knoodles agree that any action arising out of or related to use of this Web site or these Terms of Use must be submitted to the personal and exclusive jurisdiction of the courts located within the State of South Carolina. You agree that regardless of any statute or law to the contrary, any Claim arising out of or related to use of this Web site or these Terms of Use must be filed within one (1) year after such Claim arose. Your conduct may be subject to other laws. Use of this Web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

VIOLATION OF TERMS AND CONDITIONS

k.knoodles reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including the right to block access from a particular Internet address or by particular users of this Web site.

MISCELLANEOUS

k.knoodles operates this Web site and reserves the right to change these Terms of Use at any time and from time to time without notice. Changes in these Terms of Use will be effective upon posting or as otherwise specified by k.knoodles. The failure of k.knoodles to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If one or more provisions of these Terms of Use are held to be unenforceable under applicable law, such provision shall be excluded from the Terms of Use and the balance of the Terms of Use shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms. These Terms of Use constitute the entire agreement between you and k.knoodles. The section titles herein are for convenience only and have no legal or contractual effect.

CONTACT INFORMATION

If you have any questions regarding these Terms of Use, or the k.knoodles Web site, please contact us by sending an e-mail to This e-mail address is being protected from spambots. You need JavaScript enabled to view it .