This website is provided for your information, convenience, entertainment, and pleasure.
Please browse this website and make use of its various features, but please be aware that your use of this website is subject to the following terms and conditions. If you do not agree to these terms and conditions, please do not use this website.
1. Ownership, Operation and Agreement to be Bound
This website is owned by, and belongs to, Kontos Foods, Inc. Kontos Foods, in its sole discretion and at any time, may modify or discontinue this website or specific portions of it.Your use of this website constitutes your agreement with Kontos Foods to be bound by, and to act in accordance with, these Terms of Use.
2. Continuing Agreement
Kontos Foods may change or revise these Terms of Use from time to time by updating this posting; so please visit this area frequently to stay current with terms regarding your use of this website. Your use of this website reaffirms your continuing agreement to current Terms of Use.
3. Use of Site Materials
Kontos Foods owns all materials on this website, or has a valid right to use the material on this website. Kontos Foods also owns or has a valid right to use all trademarks, service marks, and trade names used on this website. Any modification of the materials, or use of the materials, for any purpose without written approval of Kontos Foods is a violation of Kontos Foods’ copyright and other proprietary rights. The use of any such material on other websites or computer networks without Kontos Foods’ written consent is strictly prohibited. Your use of trademarks, service marks and trade names on this website in any manner other than as authorized in these terms and conditions, or as authorized in writing by Kontos Foods, is strictly prohibited.
4. Privacy
See Privacy Policy for information regarding how Kontos Foods uses and protects the personal information on this website.
5. Submissions
All comments, suggestions, graphics, ideas (including product, recipe and advertising ideas), and other information or materials you submit to Kontos Foods through this website will become and remain the exclusive property of Kontos Foods, including any future rights associated with such submissions, even if these Terms of Use are later modified or terminated. This means that you disclaim any proprietary rights to such submissions, and you acknowledge Kontos Foods’ unrestricted right to use them (or materials or ideas similar to them) in any medium, now and in the future, without notice, compensation or other obligation to you or any other person. It also means Kontos Foods has no obligation to keep your submissions confidential.
6. Geographic Scope
Kontos Foods controls and operates this website from within the United States of America. Unless otherwise specified on or by this website, this website is intended to promote only those Kontos Foods’ products that are sold by Kontos Foods in the United States and its territories, and Kontos Foods makes no representation that materials in this website or the products, recipes, etc. described thereby are appropriate or available for use in other locations. All visitors to this website are responsible for compliance with all local laws applicable to them with respect to the content and operation of this website.
7. Links
For your convenience this website may provide links to other websites that are not operated by Kontos Foods. These links do not mean that Kontos Foods endorses, approves or sponsors any information available at such linked site, or any products that may be sold there, nor is Kontos Foods liable for any damage that might result from your use of such information or products.
8. Website Contents Disclaimer
The materials in this website (including any graphics, recipes, recommendations, or other materials) and any materials made available through this website are provided “as is” and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, Kontos Foods disclaims all warranties, express or implied, including, but not limited to, all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Kontos Foods does not warrant or make any representations regarding the use or the results of the use of the materials in this website in terms of their correctness, accuracy, reliability, or otherwise. The materials in this website could include technical inaccuracies or typographical errors. These materials could be inaccurate or become inaccurate as a result of developments occurring after their respective dates. Kontos Foods undertakes no obligation to verify or maintain the accuracy of such information.
Certain links in this website may link you to other non-Kontos websites. The linked sites may not be under the control of Kontos Foods and Kontos Foods is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Kontos Foods is not responsible for webcasting or any other form of transmission received from any linked site. Kontos Foods is providing these links to you only as a convenience, and the inclusion of any link does not imply a referral by Kontos Foods to, or an endorsement by Kontos Foods of, the linked site or any products or services which may be offered there.
9. Website Operation Disclaimer
Kontos Foods intends to maintain this website and its operation, but is not, and cannot be, responsible for the results of any defects that may exist in the website or its operation. As to the operation of the website, Kontos Foods expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to all implied warranties of merchantability or fitness for a particular purpose, title and non-infringement. Kontos Foods makes no warranty that (i) the operation of the website will meet the user’s requirements; (ii) access to the website will be uninterrupted, timely, secure, free of viruses, worms or other harmful components, or free of any defects or errors; (iii) the results that may be obtained from the use of this website will be accurate or reliable; or (iv) defects will be corrected. You (and not Kontos Foods) assume the entire cost of all servicing, repair, or correction that may be necessary for your computer equipment and software as a result of any viruses, errors or any other problems whatsoever you may have as a result of visiting this website.
10. Limitation of Liability
Under no circumstances shall Kontos Foods be liable for any damages or injury, including any direct, incidental, consequential, punitive or other damages, that may result from the use of, or the inability to use, this website or any materials in this website, whether in an action of contract, negligence or otherwise, arising out of or in connection with the use or performance of this website or information available in this website. Kontos Foods shall not be liable, even if Kontos Foods or a Kontos Foods authorized representative has been advised of the possibility of such damages. These include, but are not limited to, damages or injury caused by error, omission, defect, failure of performance, delay in operation or transmission, line failure or computer virus, worm, or other harmful component.
11. Limitations re: Paragraphs 8, 9 and 10
Applicable law may not allow the exclusion of certain warranties, or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations or exclusions may not apply to you. However, in no event shall Kontos Foods’ total liability to you for damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence, or otherwise) exceed the amount paid by you, if any, for accessing this website.
12. Postings
Kontos Foods may from time to time monitor or review discussions, conversations, postings, and other transmissions on this website. However, Kontos Foods is under no obligation to do so and assumes no responsibility or liability arising from the content of any such transmissions or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, illegality or inaccuracy contained in any information transmitted to any such locations on this website. You may not post or transmit any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Kontos Foods will fully cooperate with any law enforcement authorities or court order requesting or directing Kontos Foods to disclose the identity of anyone posting any such information or materials. Kontos Foods may also disclose such information if it has a good faith belief that such disclosure is reasonably necessary to protect the rights, property, or personal safety of Kontos Foods, its customers or the public.
13. Help
Kontos Foods may, but is under no obligation to, provide any support for the use of this website.
14. Applicable Law/Jurisdiction
These Terms of Use and any disputes arising under or related to these Terms of Use (whether for breach of contract, tortious conduct or otherwise) will be governed by the laws of the State of New Jersey. Any legal actions, suits or proceedings arising out of these Terms of Use (whether for breach of contract, tortious conduct or otherwise) will be brought exclusively in the state courts of New Jersey, and you hereby accept and submit to the personal jurisdiction of this New Jersey court with respect to any legal actions, suits or proceedings arising out of these Terms of Use. You also waive to the fullest extent permitted by law any right to a trial by jury in any action, suit or proceeding brought to enforce, defend or interpret any right or remedies under, or arising in connection with or relating to, these Terms of Use.
15. Severability
If any provision of these Terms of Use shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
16. No Waiver
No failure on the part of Kontos Foods to enforce any part of these Terms of Use shall constitute a waiver of any of Kontos Foods’ rights under these Terms of Use whether for past or future actions on the part of any person. Neither the receipt of any funds by Kontos Foods, nor the reliance of any person on Kontos Foods’ actions, shall be deemed to constitute a waiver of any part of these Terms of Use. Only a specific, written waiver signed by an authorized representative of Kontos Foods shall have any legal effect whatsoever.
17. No Legal Effect
The paragraph titles in these Terms of Use are for convenience only and have no legal or contractual effect.