Last Updated: 06/01/2023
Krusteaz reserves the right to change or modify the terms and conditions contained in these Terms or any policy or guideline of the Sites, at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions to the Sites, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Sites will confirm your acceptance of such changes or modifications; therefore, you should frequently review the Terms and applicable policies to understand the terms that apply. If you do not agree to the amended terms, you must stop using the Sites. Any use of the Sites in violation of these Terms may result in, among other things, termination or suspension of your right to use the Sites.
If you have any questions regarding the Sites, please contact The Krusteaz Company by emailing [email protected].
2. Terms of Sale
Certain products may be available for sale through a Site (“Products”). Products may be sold and orders may be fulfilled by Krusteaz or a third party service provider. These Products may have limited quantities or minimum quantity requirements. Product orders
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
Our products are available for sale only in the United States. We reserve the right, but are not obligated, to limit the sales of our Products to any person or geographic region, subject to applicable law. We may exercise this right on a case-by-case basis. We also reserve the right to limit the quantities of any Products that we offer. All descriptions of Products or Product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any Product at any time. Any offer for any Product made on the Site is void where prohibited.
We do not warrant that the quality of any Products purchased or obtained by you will meet your expectations.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made on the Site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
3. Eligibility, Registration and Account
By accessing or using the Sites, you represent and warrant that you are a resident of the United States and at least 18 years old. If you are not 18 or older, you may only use the Sites under the supervision of a parent or legal guardian who agrees to be bound by these Terms.
In order to access certain areas and features of some of our Sites, you will need to register for an account. You agree to (a) provide accurate, truthful, current and complete information when creating an account; (b) maintain and promptly update your account information; (c) maintain the security of your account by not sharing your password with others and restricting access to your account and your computer;
(d) promptly notify Krusteaz if you discover or otherwise suspect any security breaches related to the Sites; and (e) take responsibility for all activities that occur under your account and accept all risks of unauthorized access.
4. Copyright and Limited License
Unless otherwise indicated, the Sites and all content and other materials on the Sites, including, without limitation, the Krusteaz logo and all designs, text, graphics, pictures, videos, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “Site Materials”) are the proprietary property of Krusteaz or its licensors or users and are protected by U.S. and international copyright laws.
You are granted a limited, non-sublicensable license to access and use the Sites and Site Materials; however, such license is subject to these Terms and does not include: (a) any resale or commercial use of the Sites or Site Materials; (b) the distribution, public performance or public display of any Site Materials; (c) modifying or otherwise making any derivative uses of the Sites and the Site Materials, or any portion thereof, unless modification or derivative use is specifically provided for under separate terms; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (other than the page caching) of any portion of the Sites, the Site Materials or any information contained therein, except as expressly permitted on the Sites; or (f) any use of the Sites or the Site Materials other than for its intended purpose. Any use of the Sites or the Site Materials other than as specifically authorized herein, without the prior written permission of Krusteaz, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
“CONTINENTAL MILLS,” “KRUSTEAZ,” “ALPINE,” “SNOQUALMIE FALLS LODGE,” “ALBERS,” “WILDROOTS,” “KRETSCHMER,” “BUCK WILD,” the Krusteaz and Continental Mills logos, and any other product or service name or slogan contained on the Sites are trademarks of Krusteaz and its suppliers or licensors and may not be copied, imitated or used, in whole or in part, without the prior written permission of Krusteaz or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “Krusteaz” or any other name, trademark or product or service name of Krusteaz without our prior written permission. In addition, the look and feel of the Sites, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Krusteaz and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other
trademarks, registered trademarks, product names and company names or logos mentioned on the Sites are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
6. User Content and Interactive Areas
The Sites include interactive areas or services (“Interactive Areas”), in which you or other users may create, post, send or store reviews, messages, photos, text and other materials (collectively, “User Content”). By using the Sites, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish or send through the Sites any User Content that:
- is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, abusive, inflammatory, fraudulent, false, misleading or otherwise objectionable;
- would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any applicable law or regulatory guidance (for example, Federal Trade Commission guides concerning use of endorsements and testimonials in advertising);
- may infringe any patent, trademark, trade secret, copyright or other proprietary right of any party;
- contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
- contains private or personal information of a third party without such third party’s consent;
- contains any unsolicited promotions, political campaigning, advertising or solicitations;
- misrepresents your identity or affiliation with another person or entity;
- Contains viruses, corrupted data or other harmful, disruptive or destructive files; or
- in our sole judgment, is objectionable, restricts or inhibits any other person from using or enjoying our Services, or may expose Krusteaz or others to any harm or liability of any type.
- Continental Mills does not control, take responsibility for or assume liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto. When you participate in Interactive Areas, you understand that certain User Content you choose to post may be displayed publicly or to select users. You are solely responsible for your use of the Sites and the Interactive Areas and use them at your own risk.
Krusteaz does not control, take responsibility for or assume liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto. When you participate in Interactive Areas, you understand that certain User Content you choose to post may be displayed publicly or to select users. You are solely responsible for your use of the Sites and the Interactive Areas and use them at your own risk.
These Terms do not create any private right of action on the part of any third party or any reasonable expectation or promise that the Sites will not contain any content that is prohibited by the Terms. Although Krusteaz has no obligation to screen, edit or monitor
any of the User Content posted on the Sites, Krusteaz reserves the right, and has absolute discretion, to monitor, remove, screen or edit any User Content posted or stored on the Sites at any time and for any reason without notice, and you are solely responsible for creating backup copies and replacing any User Content you post or store on the Sites at your sole cost and expense.
7. Rights to User Content
Krusteaz claims no ownership or control over any User Content, except as otherwise expressly provided in these Terms or a separate agreement between you and Krusteaz. However, if you submit or post User Content to the Site, unless Krusteaz indicates otherwise, you grant Krusteaz a nonexclusive, royalty-free, worldwide, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content in any media formats and channels now known or later developed without compensation to you, including in connection with Krusteaz’s marketing and promotional activities. You further grant Krusteaz and Krusteaz’s sublicensees the right to use the name that you submit in connection with User Content, if they choose.
By submitting or posting User Content to the Site, you represent and warrant that: (a) such User Content is non-confidential; (b) you own and control all of the rights to the User Content that you post or you otherwise have all necessary rights to post such User Content to the Sites; (c) the User Content is accurate and not misleading or harmful in any manner; and (d) the User Content, and your use and posting thereof in connection with the Site, does not and will not violate these Terms or any applicable law, rule or regulation.
8. Acceptable Use of the Site
You agree that your use of the Sites will not violate any law, contract, intellectual property or other third-party right or constitute a tort, and that you are solely responsible for your conduct while on the Sites. You further agree not to
- Use the Sites in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Sites, or that could damage, disable, overburden or impair the functioning of the Sites in any manner;
- Engage in any discriminatory, defamatory, hateful, harassing, abusive, obscene, threatening, physically dangerous, or otherwise objectionable conduct;
- Attempt to indicate in any manner that you have a relationship with Krusteaz or that Krusteaz has endorsed you or any products or services for any purpose;
- Send any unsolicited or unauthorized advertising, solicitations, promotional materials, spam, junk mail, chain letters or pyramid schemes, or harvest or collect the email addresses or other contact information of other users from the Sites for the purpose of sending spam or other commercial messages;
- Attempt to reverse engineer any aspect of the Sites or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Sites (except as otherwise expressly permitted by law);
- Use or attempt to use another’s account without authorization from such user and Krusteaz;
- Develop any third-party applications that interact with User Content or the Sites without Krusteaz’s prior written consent; or
- Use any robot, iframe, spider, crawler, scraper or other automated means or interface not provided by Krusteaz to access the Sites, including, without limitation, for the purpose of copying, extracting, aggregating, displaying, publishing or distributing any content or data made available via the Sites.
- Use any robot, iframe, spider, crawler, scraper or other automated means or interface not provided by Continental Mills to access the Sites, including, without limitation, for the purpose of copying, extracting, aggregating, displaying, publishing or distributing any content or data made available via the Sites.
You are granted a limited, non-exclusive right to create a text hyperlink to the Sites for noncommercial purposes, provided such link does not portray Krusteaz or its products in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any obscene, pornographic, sexually explicit or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a Krusteaz logo or other proprietary graphic of Krusteaz to link to the Sites without the express written permission of Krusteaz. Further, you may not use, frame or utilize framing techniques to enclose any Krusteaz trademark, logo or other proprietary information, including the images found at the Sites, the content of any text or the layout/design of any page or form contained on a page on the Sites without Krusteaz’s express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Krusteaz or any third party.
Krusteaz makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of embedded content, third-party websites accessible via hyperlink or websites linking to the Sites. Such sites are not under the control of Krusteaz and Krusteaz is not responsible for any embedded content or the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Krusteaz and its users may provide these links as a convenience to you, but the inclusion of any link does not imply affiliation, endorsement or adoption by Krusteaz of any site or any information contained therein. When you visit other sites via links or embedded content, you should understand that our terms and policies no longer govern and that the terms and policies of those third-party sites will now apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Sites.
10. Third-Party Content
Krusteaz may display advertisements and promotions from users and other third parties on the Sites or may otherwise provide information about or links to third-party products or services. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions are solely between you and such third party. Krusteaz is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such non-Krusteaz advertisers or third-party information on the Sites
You can submit recipes, questions, comments, feedback, suggestions, ideas, plans, notes, drawings, original or creative materials or other information about Krusteaz, the Sites or our products (collectively, “Submissions”). Submissions, whether posted to the Sites or provided to Krusteaz by email or otherwise, are non-confidential and shall become the sole property of Krusteaz. Krusteaz shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
12. Copyright Complaints
Krusteaz respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at [email protected].
13. Contests, Sweepstakes and Other Promotions
Krusteaz may administer, operate or run contests, sweepstakes and other promotions (collectively, “Promotions”) on the Sites and may also advertise and allow participation in Promotions via other methods (including, without limitation, in-person or direct mail). Each Promotion has its own official rules, which will be made available to you. Your participation in a Promotion is subject to and governed by the official rules for the Promotion. You must read and agree to the official rules for any Promotion before you participate in the Promotion. In the event of any conflict or inconsistency between these Terms and the official rules for a Promotion, the official rules for a Promotion will control.
To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless Krusteaz, and our subsidiaries and affiliates and each of our respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to (a) your use of the Sites; (b) any User Content or Submission you provide; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another; or (e) your conduct in connection with the Sites. You agree to promptly notify Krusteaz of any third-party claims, cooperate with Krusteaz in defending such claims and agree that Krusteaz will have control of the defense or settlement, at Krusteaz’s sole option, of any third-party claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Krusteaz.
15. Errors; Disclaimer
Occasionally there may be information on our Sites that contains typographical errors, inaccuracies or omissions that may relate to Product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on a Site is inaccurate at any time without prior notice (including after you have submitted an order to purchase Products). We undertake no obligation to update, amend or clarify information in the Sites, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in a Site should be taken to indicate that all information in the Site has been modified or updated.
WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SITES, PRODUCTS AND SITE MATERIALS ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY KRUSTEAZ. KRUSTEAZ DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SITES, PRODUCTS AND SITE MATERIALS. KRUSTEAZ DOES NOT REPRESENT OR WARRANT THAT THE SITES OR SITE MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WHILE KRUSTEAZ ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SITES AND SITE MATERIALS SAFE, KRUSTEAZ CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITES OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
16. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KRUSTEAZ OR THE KRUSTEAZ PARTIES, BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT
NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITES, PRODUCTS OR SITE MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM KRUSTEAZ, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO KRUSTEAZ’S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF KRUSTEAZ, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITES EXCEED THE TOTAL AMOUNTS YOU PAY, IF ANY, IN THE THREE (3) MONTHS BEFORE THE FIRST EVENT GIVING RISE TO SUCH LIABILITY.
17. Modifications to the Sites
Krusteaz reserves the right to modify or discontinue, temporarily or permanently, the Sites, or any features or portions thereof, without prior notice. You agree that Krusteaz will not be liable for any modification, suspension or discontinuance of the Site, or any part thereof.
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES WITH KRUSTEAZ AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM KRUSTEAZ.
Except for small claims disputes in which you or Krusteaz seek to bring an individual action in small claims court located in the county of your billing address, or disputes in which you or Krusteaz seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and Krusteaz waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Sites, Products or Site Materials resolved in court. Instead, all disputes arising out of or relating to these Terms or our Sites, Products or Site Materials will be resolved through confidential binding arbitration held in King County, Washington in accordance with the Streamlined Arbitration Rules and Procedures (“Rules”) of the Judicial Arbitration and Mediation Services (“JAMS”), which are available on the JAMS website and hereby incorporated by reference. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason. You and Krusteaz agree that any dispute arising out of or related to these Terms or our Sites, Products or Site Materials is personal to you and Krusteaz and that any dispute will be
resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.
You and Krusteaz agree that these Terms affect interstate commerce and that the enforceability of this Section 18 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. You and Krusteaz agree that for any arbitration you initiate, you will pay the filing fee and Krusteaz will pay the remaining JAMS fees and costs. For any arbitration initiated by Krusteaz, Krusteaz will pay all JAMS fees and costs. You and Krusteaz agree that the state or federal courts in King County, Washington have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
Any claim you may have arising out of or related to these Terms or our Sites, Products or Site Materials must be filed within one year after such claim arose; otherwise, your claim is permanently barred, which means that you and Krusteaz will not have the right to assert the claim.
You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section 17 by writing to [email protected]. In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 19.
19. Applicable Law and Venue
These Terms and your use of the Sites shall be governed by and construed in accordance with the laws of Washington, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state and federal courts located in King County, Washington and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms.
Krusteaz reserves the right, without notice and in its sole discretion, to terminate your license to use the Sites and to block or prevent your future access to, and use of, the Sites.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.