Terms and Conditions
WELCOME TO THE KEMPS LLC WEB SITES
Please abide by the Terms and Conditions that follow, which govern the use of all web sites owned and operated by Kemps LLC including but not limited to cassclay.kemps.com and www.milkmandelivers.com (together, the “Kemps Web Sites”). Please read them carefully, because when you use any of the Kemps Web Sites , you automatically agree to be bound by them. If you do not agree to and accept these terms and conditions, you may not use any Kemps Web Site.
RESTRICTIONS ON YOUR USE OF THE MATERIALS IN THE KEMPS WEB SITES
The following terms govern your accessing, downloading, viewing or use of any software, graphic content or text content (together, the “Materials”) on the Kemps Web Sites.
(1) You agree not to re-use any Materials from the Kemps Web Sites In particular, you agree not to copy, sell, license, distribute, republish, upload, post, publicly display or perform, modify, make derivative works from, transmit or otherwise use any Materials from any Kemps Web Site unless you get our written consent — first.
There’s one exception: you may download Material onto one computer for your personal, non-commercial use only, provided you don’t delete or change any copyright, trademark, or other proprietary notices. But please don’t modify the Materials or use them for any other purpose; if you do, you’ll be violating our intellectual-property rights.
Materials from the Kemps Web Sites may not be copied or imitated in whole or in part, by any means, including but not limited to the use of framing or mirrors.
(2) Everything you download — any software, plus all files, all images incorporated in or generated by the software, and all data accompanying it – are the property of Kemps LLC. and are protected by the copyright and other intellectual property laws of the United States and other countries. All software and content that you view or use in the Kemps Web Sites is considered licensed to you by Kemps LLC.
In the case of software, that means that we retain full and complete title to the software and to all of the associated intellectual property rights. So you’re not allowed to redistribute or sell the Materials –In addition, you are not allowed to reverse-engineer, disassemble, or otherwise convert software to any other form that people can use.
(3) Kemps trademarks, service marks trade names and logos used and displayed on the Kemps Web Sites are registered and unregistered trademarks of Kemps LLC., and are protected by state and federal law. You may not use or reproduce any of Kemps trademarks for any purpose without first obtaining our written permission.
Other company, product or service names appearing on the Kemps Web Sites may be trademarks of others. These trademarks also may not be used or reproduced without the express written consent of Kemps LLC and the respective owner(s) of the mark(s).
External third-party web sites have their own policies regarding privacy. Please be aware of this whenever you leave the Kemps Web Sites.
(1) The Kemps Web Sites may contain links to third-party web sites. These links are provided solely as a convenience to you, and should not be considered as an endorsement by Kemps of the content on, or owners of, any such third-party sites. The content of such third-party sites is provided entirely by others, and Kemps has no responsibility for such content. You should take precautions whenever you download files from any web sites to protect your computer from viruses or other destructive programs. If you decide to access third-party sites, whether or not through links provided on the Kemps Web Sites, you do so at your own risk.
(2) You may not create a link to any Kemps Web Site without first obtaining our written permission. You may not use any Kemps trademark to identify a link to or from any web site without first obtaining our written permission.
IF YOU SUBMIT MATERIAL TO US…
This means that…
We don’t have to treat any such submission as confidential.
You can’t sue us for using the ideas you submit (including, but not limited to, product or advertising ideas).
If we use them — or anything like them — we don’t have to pay you or anyone else for them.
We will have exclusive ownership of all present and future rights to submissions of every kind. We can use them for any purpose, without compensating you or anyone else for them.
(3) You acknowledge that you are responsible for any submission you make — in other words, you acknowledge that you (and not we) have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
LIMITATION OF LIABILITY
Kemps LLC WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY THAT ACCOMPANY OR RESULT FROM YOUR USE OF ITS SITES.
THESE INCLUDE (BUT ARE NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY ANY…
USE OF (OR INABILITY TO USE) THE SITES,
USE OF (OR INABILITY TO USE) ANY SITE TO WHICH YOU HYPERLINK FROM OUR SITES;
FAILURE OF PERFORMANCE,
DELAY IN OPERATION OR TRANSMISSION,
COMPUTER VIRUS, OR…
WE ALSO CANNOT BE RESPONSIBLE FOR ANY ALLERGIC OR SIMILAR ADVERSE REACTION YOU MAY HAVE TO FOODS OR RECIPES PROMOTED ON THE SITES.
KEEP IN MIND THAT WE ARE NOT LIABLE FOR ANY DAMAGES, INCLUDING…
DAMAGES INTENDED TO COMPENSATE SOMEONE DIRECTLY FOR A LOSS OR INJURY;
DAMAGES REASONABLY EXPECTED TO RESULT FROM A LOSS OR INJURY (LEGALLY, “CONSEQUENTIAL DAMAGES”);
OTHER MISCELLANEOUS DAMAGES AND EXPENSES RESULTING DIRECTLY FROM A LOSS OR INJURY (LEGALLY, “INCIDENTAL DAMAGES”).
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 — OR BOTH.
EXCEPTION: IN CERTAIN STATES THE LAW MAY NOT ALLOW US TO LIMIT OR EXCLUDE LIABILITY FOR THESE “INCIDENTAL” OR “CONSEQUENTIAL” DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY, IN SUCH STATES, KEMPS LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
IN ANY EVENT, OUR LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, INJURIES, AND CLAIMS OF EVERY KIND (WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, OR THEY’RE CLAIMED TO BE CAUSED BY NEGLIGENCE OR OTHER WRONGFUL CONDUCT, OR THEY’RE CLAIMED UNDER ANY OTHER LEGAL THEORY) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO ACCESS THE KEMPS WEB SITES.
THE MATERIALS IN OUR SITES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, AND YOU USE THEM AT YOUR OWN RISK. THIS MEANS THAT (SUBJECT TO THE EXCEPTION BELOW) Kemps LLC DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES ABOUT THE MATERIALS IN THE SITES.
THIS INCLUDES (BUT IS NOT LIMITED TO) WARRANTIES…
AS TO TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.
THAT THE MATERIALS ARE OF ANY PARTICULAR LEVEL OF QUALITY.
THAT ANY INFORMATION (INCLUDING NUTRITIONAL INFORMATION) IS ACCURATE, TIMELY, RELIABLE AND/OR COMPLETE.
THAT THE FUNCTIONAL ELEMENTS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DATA STREAM WILL BE UNINTERRUPTED OR OPERATE AT A PARTICULAR SPEED.
THAT DEFECTS WILL BE CORRECTED.
THAT OUR SITES OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THAT SUCCESSFUL RESULTS OR OUTCOMES WILL RESULT FROM PROPERLY FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECIPES CONTAINED IN THE MATERIALS.
IN ADDITION TO THE ABOVE, YOU (AND NOT KEMPS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
EXCEPTION: IN CERTAIN STATES, THE LAW MAY NOT ALLOW US TO DISCLAIM OR EXCLUDE WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
Unless otherwise specified, the materials in our sites are presented to provide information about Kemps LLC and its products.
Kemps LLC controls and operates its sites from the company’s headquarters in St. Paul, Minnesota, in the United States of America. We in no way imply that the Materials on the sites are appropriate or available for use outside of the United States. If you use our sites from locations outside of the United States, you are responsible for compliance with any applicable local laws.
The Kemps Web Sites may contain software that is subject to export controls imposed by the United States and may not be downloaded or otherwise exported or re-exported…
(a) into (or to a national or resident of) any country to which the United States has placed an embargo; or…
(b) to anyone on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Commerce Department’s Table of Deny Orders.
If you download or use software (if any) from a Kemps Web Site, 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.
These Terms and Conditions, and the Agreement they create, are governed by the internal substantive laws of the Commonwealth of Massachusetts, and you expressly agree to submit to the exclusive personal jurisdiction of the state and federal courts sitting in Suffolk County, Massachusetts, in the event of any dispute concerning or arising out of the use of the Kemps Web Sites.
MODIFICATION OR TERMINATION OF THIS AGREEMENT
This agreement is effective until terminated by either party.
You may terminate this agreement at any time, by exiting the Kemps Web Sites and destroying all materials obtained from all Kemps Web Sites, along with all related documentation and all copies and installations.
In addition, by providing Materials on our Web sites, we do not in any way promise that the Materials will remain available to you. And Kemps LLC is entitled to terminate all or part of any of its Web sites at any time, without notice to you.
If any provision of this agreement is unlawful, void or unenforceable, it will not affect the validity and enforceability of any remaining provisions.
Any delay or failure of Kemps LLC to act on or enforce any provision of this Agreement shall not be construed as a waiver by Kemps LLC of any present or future violation of that provision or any other provision of this Agreement. No waiver of any provision of this Agreement will be effective against Kemps LLC unless it is made in writing, signed by a duly authorized officer of Kemps LLC.
This is the entire agreement regarding all the matters that have been discussed in the preceding paragraphs, and it supercedes any previous Terms and Conditions or other agreements, whether or not in writing, with respect to the use of the Kemps Web Sites
TM & Copyright © 2006 Kemps LLC All rights reserved.