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, or by sending a
written notice to the following address: k.knoodles, LLC P.O. Box
1695 Ladson, SC 29456-1695
