The site through which you accessed these terms (“Site”) is made available to you by Ken’s Country Market-Deli-Bakery and its affiliates (collectively “Ken’s Country Market-Deli-Bakery” or “We”) subject to the following Terms of Use. PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY BEFORE USING THE SITE. By using the Site, you agree that these Terms of Use create a legally binding agreement between you and Ken’s Country Market-Deli-Bakery. Ken’s Country Market-Deli-Bakery reserves the right, at any time, to modify these Terms of Use. By continuing to use the Site following such modifications you agree to be bound by such modifications. You should periodically visit this page to review our most current Terms of Use. Please note that other Ken’s Country Market-Deli-Bakery websites or specific portions or features of the Site may be subject to additional policies, terms or conditions (“Additional Terms”). Please review all Additional Terms, which are incorporated into and made a part of these Terms of Use. If there is a conflict between these Terms of Use and any Additional Terms, the Additional Terms shall take precedence with respect to your use of that area of the Site or other website. Finally, these Terms of Use incorporate by reference any other notices contained on this Site and constitute the entire agreement between you and Ken’s Country Market-Deli-Bakery with respect to your access to and use of the Site.
Ownership
The Site, in its entirety, including but not limited to all design and content, is the sole property of Ken’s Country Market-Deli-Bakery and its content suppliers and is protected by United States and international copyright, trademark and other laws. Except as stated in these Terms of Use, no content may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without the prior written consent of Ken’s Country Market-Deli-Bakery or the respective owner. You may not use Ken’s Country Market-Deli-Bakery’s name, logo or other trademarks for any purpose without the express written consent of Ken’s Country Market-Deli-Bakery. Any rights not expressly granted herein are reserved by Ken’s Country Market-Deli-Bakery.
Links
Ken’s Country Market-Deli-Bakery may provide links on the Site to other websites (including co-branded websites) that are not under the control of Ken’s Country Market-Deli-Bakery. Ken’s Country Market-Deli-Bakery does not assume any responsibility for the operation, content, privacy practices of such websites or the technology they implement. You agree that you use these websites at your sole risk. These websites might be governed by different terms of service, privacy policy and other policies. It is your responsibility to read and understand such terms and policies. Ken’s Country Market-Deli-Bakery in its sole discretion may modify or remove such links at any time and without notice.
Prohibited Conduct and Site Security
Any conduct by you that, in our sole discretion, restricts, inhibits or interferes with the ability of any other person to use or enjoy the Site will not be permitted. The Site may only be used for lawful purposes. You are prohibited from (a) accessing or using this Site in order to collect information about Site visitors or registered users of this Site, (b) violating or attempting to violate the security of the Site, or (c) using any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. Violations of system or network security may result in civil or criminal liability.
Warranties and Limitation of Liability
(a) ALTHOUGH Ken’s Country Market-Deli-Bakery RESERVES THE RIGHT TO CORRECT ANY ERRORS, OMISSIONS, OR INACCURACIES, YOU ACKNOWLEDGE THAT THE INFORMATION ON THE SITE IS PROVIDED “AS IS,” WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, AND THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. Ken’s Country Market-Deli-Bakery DOES NOT WARRANT THAT THE SITE OR ANY INFORMATION, CONTENT OR SERVICES OFFERED THROUGH THE SITE, OR ANY ELECTRONIC COMMUNICATIONS SENT FROM Ken’s Country Market-Deli-Bakery, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Ken’s Country Market-Deli-Bakery DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
(b) WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU AGREE THAT Ken’s Country Market-Deli-Bakery AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR ANY INFORMATION, CONTENT OR SERVICES OFFERED THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. THESE LIMITATIONS APPLY TO ALL LOSSES AND DAMAGES OF ANY KIND. IF YOU ARE DISSATISFIED WITH ANY PART OF THE SITE OR THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE SITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF Ken’s Country Market-Deli-Bakery UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
(c) You agree to hold harmless Ken’s Country Market-Deli-Bakery and its respective shareholders, officers, directors, employees, agents, licensors and suppliers from any and all claims arising out of or related to your access or use of the Site or your inability to access or to use the Site or from any services rendered by Ken’s Country Market-Deli-Bakery or its contractors in conjunction with the Site or your use of the Site.
Governing Law and Dispute Resolution
By visiting this Site, you agree that the laws of the state of Florida, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Ken’s Country Market-Deli-Bakery.
ANY DISPUTE RELATING IN ANY WAY TO YOUR USE OF THE SITE AND RELATED SERVICES SHALL BE SUBMITTED TO CONFIDENTIAL BINDING ARBITRATION IN MOUNT DORA, FLORIDA, EXCEPT FOR INTELLECTUAL PROPERTY CLAIMS BROUGHT BY EITHER PARTY (EXCLUDING PRIVACY AND PUBLICITY CLAIMS) AND CLAIMS THAT MAY BE BROUGHT IN SMALL-CLAIMS COURT. IF YOU CAN DEMONSTRATE TO US THAT ARBITRATION IN TAMPA, FLORIDA WOULD CREATE AN UNDUE BURDEN TO YOU, WE WILL ALLOW YOU TO INITIATE THE ARBITRATION IN YOUR HOME STATE. ANY DISAGREEMENTS REGARDING THE FORUM FOR ARBITRATION WILL BE SETTLED BY THE ARBITRATOR.
THE ARBITRATOR SHALL APPLY FLORIDA LAW, AND THE ARBITRATOR’S AWARD SHALL BE BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. THERE SHALL BE NO APPEAL FROM ANY AWARD OF THE ARBITRATOR. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO ARBITRATION UNDER THIS AGREEMENT SHALL BE JOINED TO AN ARBITRATION INVOLVING ANY OTHER PARTY SUBJECT TO THIS AGREEMENT, WHETHER THROUGH CLASS ARBITRATION PROCEEDINGS OR OTHERWISE. IF ANY PART OF THIS ARBITRATION PROVISION IS FOUND TO BE INVALID, UNENFORCEABLE OR ILLEGAL, THE REST OF THIS PROVISION SHALL REMAIN IN EFFECT.
IF THE ENTIRE ARBITRATION PROVISION IS FOUND TO BE INVALID OR UNENFORCEABLE, THEN THE PARTIES CONSENT TO PERSONAL JURISDICTION AND EXCLUSIVE VENUE IN THE STATE AND FEDERAL COURTS IN ORLANDO, FLORIDA.
Notwithstanding the foregoing, in the event of intellectual property claims by Ken’s Country Market-Deli-Bakery against you, Ken’s Country Market-Deli-Bakery shall have the right to litigate such claims in any state or federal court in Orlando, Florida, and you consent to the exclusive and mandatory venue in such courts.
Waiver
Ken’s Country Market-Deli-Bakery’s failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
Questions about our Terms of Use
Contact us if you have any questions about these Terms of Use.
