Terms and Conditions
Foods Foundation, LLC, a Michigan limited liability company ("Kruise Foods Foundation"), the owner and
operator of the site accessible through www.kruisefoods.com, with respect to the use of this website ("Web
Site"). This Web Site is provided subject to compliance with the terms of this Agreement. YOUR
CONTINUED USE OF THIS WEB SITE SIGNIFIES AND CONSTITUTES YOUR ACCEPTANCE OF THIS
AGREEMENT, AS IT MAY BE AMENDED FROM TIME TO TIME. Please read this Agreement carefully as it
forms a binding contract between you and Kruise Foods Foundation. Please print a copy of this Agreement
for your records.
Personal Use of Contents
The content of the Web Site is for your personal, noncommercial use. Content copied, downloaded or
printed must retain all copyright, trademark and other proprietary notices. For commercial use of any
portion of the contents you must secure the written consent from Kruise Foods Foundation.
Use of Web Site
Your use of the Web Site is at the sole discretion of Kruise Foods Foundation, which may deny you further
use of the Web Site at any time, for any reason, with or without cause. Your use of the Web Site does not
entitle you to continued use of the Web Site.
Your use of the Web Site must always comply with applicable law. In particular, but without limitation, you
agree and represent not to use the Web Site to:
(a) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any
person or entity;
(b) upload, post, e-mail or otherwise transmit any content that is unlawful, harmful, threatening, abusive,
harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially,
ethnically or otherwise objectionable;
(c) upload, post, e-mail or otherwise transmit any content that infringes any patent, trademark, trade
secret, copyright or other proprietary rights of any party; or
(d) upload, post, e-mail or otherwise transmit any material that contains software viruses or any other
computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer
software, network, hardware or telecommunications equipment.
By voluntarily submitting information, communications or content (including pictures and anecdotes) to the
Web Site, you agree that such submissions are non-confidential for all purposes. You further agree that
such submissions become the property of and that a Kruise Foods Foundation all title and interest therein,
including all rights of copyright, shall vest with Kruise Foods Foundation at the time they are submitted
and/or posted. Such submissions are subject to being used, reproduced, modified, published, edited,
translated, distributed, performed and displayed in any media or medium, or any form, format or forum now
known or hereafter developed, for any purpose, in perpetuity without further notice. The submission of
such materials in no way creates any obligation or duty on the part of Kruise Foods Foundation to post or
use such materials or, if we do so, to give you credit.
Links to Other Web Sites
This Web Site may contain links to third party websites. Such third party websites are not under the control
of Kruise Foods Foundation. Please note that Kruise Foods Foundation is not responsible for the accuracy
or content of web sites of other providers that may have links from this Web Site. Accordingly, can make
these sites to you, nor can the fact that Kruise Foods Foundation has provided this link serve as an
endorsement by Kruise Foods Foundation of this or any other site. In creating hypertext links to any other
web site, Kruise Foods Foundation is not recommending that web site or giving any assurances as to its
standing. Kruise Foods Foundation is providing this link only as a convenience to you. The inclusion of
these links is not intended to reflect their importance, nor is it intended to endorse any views expressed, or
products or services offered, on these outside sites, or the organizations sponsoring the sites. Kruise
Foods Foundation makes no warranties, explicit or implied, regarding the performance of the links, the
performance of the outside sites or the contents of the outside sites. If you decide to access linked third
party web sites, you do so at your own risk.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD COMPLETELY HARMLESS Kruise Foods Foundation,
AND ITS AFFILIATES, EMPLOYEES, OFFICERS AND AGENTS FROM AND AGAINST ANY AND ALL
CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING WITHOUT LIMITATION CLAIMS BASED UPON
THE NEGLIGENCE OF Kruise Foods Foundation, ARISING FROM OR RELATED TO YOUR USE OF THE
WEB SITE, THE MATERIALS IT CONTAINS, AND ANY SITES LINKED TO THIS WEB SITE.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE WEB SITE IS AT YOUR SOLE RISK. THE WEB SITE IS PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS. Kruise Foods Foundation EXPRESSLY DISCLAIMS ALL WARRANTIES
OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT,
QUALITY, PERFORMANCE, NON-INTERFERENCE WITH INFORMATION, AND ACCURACY OF
INFORMATIONAL CONTENT. THERE IS NO WARRANTY THAT INFORMATION PROVIDED HEREUNDER,
OUR EFFORTS, OR THE WEB SITE WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS.
(b) Kruise Foods Foundation MAKES NO WARRANTY THAT:
(1) YOUR USE OF THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
(2) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB SITE WILL BE ACCURATE
OR RELIABLE, OR
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB
SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR
ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF ANY SUCH MATERIAL.
Kruise Foods Foundation
(d) NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Kruise Foods
Foundation OR THROUGH THIS WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED
IN THIS AGREEMENT.
Limitations and Exclusions of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT S Kruise Foods Foundation SHALL NOT BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR
OTHER INTANGIBLE LOSSES (EVEN IF Kruise Foods Foundation HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
(a) THE USE OR THE INABILITY TO USE THE WEB SITE;
(b) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEB SITE; OR
(d) ANY OTHER MATTER RELATING TO THE WEB SITE.
IF YOU ARE DISSATISFIED WITH THE WEB SITE, OR ANY OF THE INFORMATION CONTAINED
THEREON, OR REFUSE TO ABIDE BY THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE YOUR USE. NOTWITHSTANDING THE FOREGOING, Kruise Foods Foundation’s (AND ITS
AFFILIATES', IF ANY) LIABILITY TO YOU SHALL BE LIMITED IN ALL INSTANCES TO THE SUM OF
PAYMENTS MADE FOR MERCHANDISE PURCHASED THROUGH THIS WEB SITE.
Kruise Foods Foundation SHALL NOT BE HELD LIABLE FOR ANY REPRESENTATIONS ON THIRD PARTY
SITES IN RELATION TO THE INFORMATION PROVIDED IN THIS WEB SITE.
Intellectual Property Rights
The Web Site is protected by copyright, trademark, trade dress and other intellectual property rights.
(a) Kruise Foods Foundation grants you a personal, revocable, non-transferable, and non-exclusive
right and license to use the object code of the Web Site; provided that you do not (and do not allow any
third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise
attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise
transfer any right in the software for the Web Site except and only to the extent that such activity is
permitted by applicable law notwithstanding this limitation.
(b) The Kruise Foods Foundation logos, and other trademarks, service marks, labels, product names
and service names (collectively, the "Marks") are owned or licensed by Kruise Foods Foundation . You
agree not to copy, display or otherwise use any of the Marks without the prior written permission of Kruise
Foods Foundation. Notwithstanding the foregoing, the Marks may not be used in any manner likely to
cause confusion, disparage or dilute these Marks and/or in connection with any product or service that is
not authorized, sponsored or endorsed by Kruise Foods Foundation, or affiliated with Kruise Foods
(c) The entire Web Site, and all object code and source code, text, graphics, multimedia content,
including but not limited to images, illustrations, audio and video clips, html and other mark up languages,
and all scripts within the site associated therewith, are copyright 2013, Kruise Foods Foundation. All rights
reserved. The copyrighted and proprietary property of Kruise Foods Foundation may not be duplicated or
used without Kruise Foods Foundation’s express prior written consent.
Kruise Foods Foundation may update, revise, supplement, modify or amend this Agreement at any time.
Any updates, revisions, supplements, modifications or amendments shall be effective immediately upon its
posting on the Web Site. You agree that you will be bound by this Agreement, however and whenever it is
updated, revised, supplemented, modified, or amended, whether you have actual or constructive notice of,
and whether you have used or continue to use the Web Site after, the updates, revisions, supplements,
modifications or amendments.
Digital Millennium Copyright Act
You agree not to upload or transmit any communications or content of any type that infringes or violates
any rights of any party. It is our policy not to permit materials known by us to be infringing to remain on the
Web Site. Kruise Foods Foundation has made every effort to secure appropriate clearances for all
proprietary intellectual properties used on this site. If you believe any material on this Web Site is
infringing, please contact us immediately.
You may notify us of alleged intellectual property rights infringement by contacting our Designated Agent at:
Kruise Foods Foundation, LLC
P.O. Box Novi MI 48376
Please be aware that, in order to be effective, your notice of claim must comply with the detailed
requirements set forth in the DMCA. You are encouraged to review them (see 17 U.S.C. ¤ 512(c)(3))
before sending your claim.
Upon receipt of notice of claimed infringement, we will respond expeditiously to remove, or disable access
to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the
claim between the notifying party and the alleged infringer who provided the content at issue.
Please do not send any other communications to the Designated Agent, who is appointed solely for the
purposes of receiving notices of copyright claims under the DMCA.
This Agreement constitutes the entire agreement between you and Kruise Foods Foundation with respect
to your use of the Web Site. There are no other representations, warranties, terms, agreements or
conditions, either written or oral, with respect to your use of the Web Site except as set forth in this
Agreement. The terms herein as they relate to the ordering of merchandise from the Web Site are
If any provision of this Agreement is deemed unlawful, void, voidable or unenforceable for any reason by
any court or other tribunal of competent jurisdiction, then such provision(s) shall be reformed without further
action by the parties to the extent necessary to make such provision(s) valid and enforceable when applied
to such facts or circumstances, with the objective of achieving as nearly as legally possible the same effect.
Governing Law and Venue
This Agreement, the entire relationship between you and Kruise Foods Foundation, and any litigation or
other legal proceeding between you and Kruise Foods Foundation (whether grounded in tort, contract, law
or equity) shall be governed by and construed in accordance with the laws of the State of Michigan, without
giving effect to its choice of law rules.
This contract is fully performable in Oakland County, Michigan. Any litigation arising between the parties
hereto shall be brought only in the state or federal courts having subject matter jurisdiction in Oakland
County, Michigan. You hereby irrevocably and unconditionally consent to the jurisdiction of any such court
and hereby irrevocably and unconditionally waive any defense of an inconvenient forum to the maintenance
of any action or proceeding in any such court, any objection to venue with respect to any such action or
proceeding, and any right of jurisdiction on account of the place of residence or domicile of any party
Kruise Foods Foundation may terminate your right to use this Web Site, with or without cause at any time in
its sole discretion, including, without limitation, your violation of this Agreement, failure to provide accurate
registration data, and lack of use. In the event of termination, all representations, warranties,
indemnifications, and promises made by you shall survive.
If you have a comment, question or request, or if you need to contact Kruise Foods Foundation for any
other reason, there are three easy ways to do so.
(a) E-mail: You can e-mail at email@example.com.
(b) Telephone Number: You may call us at 248-427-8220. If you call please leave a message and your
telephone number. We will get back to you as quickly as possible.
(c) U.S. Mail: Send mail to Kruise Foods Foundation at:
P.O. Box 1103
Novi Michigan 48376-1103