Terms & Conditions

Last Updated: [October 12, 2015]

PLEASE READ THESE TERMS OF USE CAREFULLY, INCLUDING THE MANDATORY ARBITRATION PROVISION IN SECTION 17. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE THIS WEBSITE.

These Terms of Use (“Terms”) apply to your access to, and use of, the Krusteaz websites (each, a “Site”), which are owned and operated by Continental Mills, Inc. (“Continental Mills”). These Terms do not alter the terms or conditions of any other agreement you may have with Continental Mills or its subsidiaries or affiliates for products, services or otherwise. If you are using the Site on behalf on an entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf, and that such entity will be responsible to Continental Mills if you violate these Terms.

Continental Mills reserves the right to change or modify these Terms at any time and in its sole discretion. If Continental Mills makes changes to these Terms, it will provide notice of such changes, such as by posting a notice on the Site or updating the “Last Updated” date above. Your continued use of the Site will confirm your acceptance of such changes or modifications; therefore, you should frequently review the Terms to ensure you understand the terms and conditions that apply to your use of the Site. If you do not agree to the amended terms, you must stop using the Site. Any use of the Site in violation of these Terms may result in, among other things, termination or suspension of your right to use the Site.

If you have any questions regarding the Site, please contact Continental Mills by emailing questions@krusteaz.com.

1. Privacy Policy

Please refer to Continental Mills’ Privacy Policy for information about how Continental Mills collects, uses and discloses information about you.

2. Eligibility, Registration and Account

By accessing or using the Site, 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 Site 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 the Site, you may need to register for an account. By registering for an account, you agree to (a) provide accurate, truthful, current and complete account information; (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 Continental Mills if you discover or otherwise suspect any security breaches related to the Site; and (e) take responsibility for all activities that occur under your account and accept all risks of unauthorized access.

3. Copyright and Limited License

Unless otherwise indicated, the Site and all content and other materials on the Site, 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 Continental Mills 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 Site and Site Materials; however, such license is subject to these Terms and does not include: (a) any resale or commercial use of the Site 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 Site 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 Site or the Site Materials, except as expressly permitted by Continental Mills; or (f) any use of the Site or the Site Materials other than for their intended purposes. Any use of the Site or the Site Materials other than as specifically authorized herein, without the prior written permission of Continental Mills, 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.

4. Trademarks

“CONTINENTAL MILLS,” “KRUSTEAZ,” “ALPINE,” “SNOQUALMIE FALLS LODGE,” “ALBERS,” “WILDROOTS,” “KRETSCHMER,” the Continental Mills logos and any other product or service name or slogan contained on the Site are trademarks of Continental Mills and its suppliers or licensors and may not be copied, imitated or used, in whole or in part, without the prior written permission of Continental Mills or the applicable trademark holder.

You may not use any metatags or any other hidden text utilizing “Continental Mills,” “Krusteaz,” or any other name, trademark or product or service name of Continental Mills without Continental Mills’ prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts is the service mark, trademark and/or trade dress of Continental Mills and may not be copied, imitated or used, in whole or in part, without Continental Mills’ prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Site 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 Continental Mills.

5. User Content and Interactive Areas

The Site includes interactive areas or services (“Interactive Areas”), in which you or other users may create, post, send or store messages, photos, text and other materials (collectively, “User Content”). By using the Site, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish or send through the Site any of the following:
•User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, abusive, inflammatory, fraudulent, false, misleading or otherwise objectionable;
•User Content that 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 local, state, national or international law;
•User Content that may infringe any patent, trademark, trade secret, copyright or other proprietary right of any party;
•User Content that contains personal information about any person, including, without limitation, names, addresses, email address or credit card information;
•User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; or
•Viruses, corrupted data or other harmful, disruptive or destructive files.
•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 Site 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 Site will not contain any content that is prohibited by the Terms. Although Continental Mills has no obligation to screen, edit or monitor any of the User Content posted on the Site, Continental Mills reserves the right, and has absolute discretion, to monitor, remove, screen or edit any User Content posted or stored on the Site 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 Site at your sole cost and expense.

6. Rights to User Content

Continental Mills claims no ownership or control over any User Content, except as otherwise expressly provided in these Terms or a separate agreement between you and Continental Mills. However, if you submit or post User Content to the Site, unless Continental Mills indicates otherwise, you grant Continental Mills 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, including in connection with Continental Mills’ marketing and promotional activities. You further grant Continental Mills and Continental Mills’ 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 Site; (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.

7. Acceptable Use of the Site

You agree that your use of the Site 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 Site. You further agree not to
•Use the Site in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Site, or that could damage, disable, overburden or impair the functioning of the Site 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 Continental Mills or that Continental Mills 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 Site for the purpose of sending spam or other commercial messages;
•Attempt to reverse engineer any aspect of the Site 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 Site (except as otherwise expressly permitted by law);
•Use or attempt to use another’s account without authorization from such user and Continental Mills;
•Develop any third-party applications that interact with User Content or the Site without Continental Mills’ prior written consent; or
•Use any robot, iframe, spider, crawler, scraper or other automated means or interface not provided by Continental Mills to access the Site, including, without limitation, for the purpose of copying, extracting, aggregating, displaying, publishing or distributing any content or data made available via Site.

8. Hyperlinks

You are granted a limited, non-exclusive right to create a text hyperlink to the Site for noncommercial purposes, provided such link does not portray Continental Mills 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 Continental Mills logo or other proprietary graphic of Continental Mills to link to this Site without the express written permission of Continental Mills. Further, you may not use, frame or utilize framing techniques to enclose any Continental Mills trademark, logo or other proprietary information, including the images found on the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without Continental Mills’ 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 Continental Mills or any third party.

9. Third-Party Content

The Site may include links to websites or content owned or operated by third parties as well as other third-party content, including advertisements, promotional offers, and social “widgets” (collectively, “Third-Party Content”). Continental Mills does not own, control or endorse any Third-Party Content and makes no representation or warranties of any kind regarding the Third-Party Content, including, without limitation, regarding its accuracy or completeness. You acknowledge and agree that Continental Mills is not responsible or liable in any manner for any Third-Party Content and undertakes no responsibility to update or review any Third-Party Content. You access and use such Third-Party Content at your own risk. The inclusion of Third-Party Content on the Site does not imply affiliation, endorsement or adoption by Continental Mills of any information contained therein. In addition, your business dealings or correspondence with, or participation in the promotional offers of, any third party responsible for Third-Party Content, and any terms, conditions, warranties or representations associated with such dealings or promotional offers, are solely between you and such third party. Continental Mills 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 Third-Party Content on the Site. When you leave the Site, you should understand that Continental Mills’ 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 Site.

10. Submissions

Separate and apart from User Content, you can submit questions, comments, feedback, suggestions, ideas, plans, notes, drawings, original or creative materials or other information about Continental Mills, the Site or Continental Mills’ products (collectively, “Submissions”). You acknowledge and agree that Submissions are non-confidential and shall become the sole property of Continental Mills. Continental Mills shall own, and you hereby assign to Continental Mills, all right, title, and interest, including all intellectual property rights, in and to such Submissions and Continental Mills shall be entitled to the unrestricted use and dissemination of Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You agree to execute any documentation required by Continental Mills to confirm such assignment to Continental Mills.

11. Copyright Complaints

Continental Mills respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, you may file a notification of such infringement with Continental Mills’ Designated Agent as set forth below.

Designated Agent: Toyinaminia Norwood

Address: 18100 Andover Park West
Tukwila, WA 98138-2176

Telephone Number: (800) 426-0955

Fax Number: (206) 299-3935

E-Mail Address: legal@continentalmills.com

Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you may be liable for any damages, including costs and attorneys’ fees, incurred by Continental Mills or the alleged infringer as the result of Continental Mills’ relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

12. Contests, Sweepstakes and Other Promotions

Continental Mills may administer, operate or run contests, sweepstakes and other promotions (collectively, “Promotions”) on the Site 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 will control.

13. Indemnification

You agree to defend, indemnify and hold harmless Continental Mills, its independent contractors, service providers and consultants, and their respective directors, officers, employees and agents (collectively, “Continental Mills Parties”), 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 Site; (b) any User Content or Submission you provide; (c) your violation of these Terms; (d) your violation of any rights of another; or (e) your conduct in connection with the Site.

14. Disclaimers

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SITE 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 CONTINENTAL MILLS. CONTINENTAL MILLS 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 SITE AND SITE MATERIALS. CONTINENTAL MILLS DOES NOT REPRESENT OR WARRANT THAT THE SITE OR SITE MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WHILE CONTINENTAL MILLS ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SITE AND SITE MATERIALS SAFE, CONTINENTAL MILLS CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE 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.

15. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CONTINENTAL MILLS OR THE CONTINENTAL MILLS PARTIES, BE LIABLE FOR ANY DIRECT, 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 SITE OR THE SITE MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM CONTINENTAL MILLS, 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 CONTINENTAL MILLS’ RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF CONTINENTAL MILLS, 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 SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO CONTINENTAL MILLS FOR ACCESS TO OR USE OF THE SITE.

16. Modifications to the Site

Continental Mills reserves the right to modify or discontinue, temporarily or permanently, the Site, or any features or portions thereof, without prior notice. You agree that Continental Mills will not be liable for any modification, suspension or discontinuance of the Site, or any part thereof.

17. Arbitration

PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH CONTINENTAL MILLS AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM CONTINENTAL MILLS.

You and Continental Mills agree to arbitrate any dispute arising from these Terms or your use of the Site, except that you and Continental Mills are not required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL.

You and Continental Mills agree that you will notify each other in writing of any dispute within thirty (30) days of when it arises. Notice to Continental Mills shall be sent to legal@continentalmills.com. You and Continental Mills further agree: (a) to attempt informal resolution prior to any demand for arbitration; (b) that any arbitration will occur in King County, Washington; (c) that arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of JAMS; and (d) that the state or federal courts in King County, Washington have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AND CONTINENTAL MILLS WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION OR OTHER REPRESENTATIVE ACTION OR PROCEEDING.

18. Applicable Law and Venue

These Terms and your use of the Site shall be governed by and construed in accordance with the laws of Washington, without resort to its conflict of law provisions. To the extent the arbitration provision in Section 17 does not apply, 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.

19. Termination

Continental Mills reserves the right, without notice and in its sole discretion, to terminate your license to use the Site and to block or prevent your future access to, and use of, the Site.

20. Severability

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.