Updated on:  August 30, 2022

Knouse Foods Cooperative, Inc.

WEBSITE TERMS OF USE

Please read these Terms Of Use (“Terms”) carefully before using this website as your use of this website is conditioned on your unconditional acceptance of these Terms, without any limitation or qualification.  By using this website you represent that you have read, understand, and agree to these Terms.  If you do not agree with any of these Terms, do not use this website.

OWNERSHIP OF WEBSITE AND INTELLECTUAL PROPERTY:  This website is owned by Knouse Foods Cooperative, Inc. (“Knouse Foods”) and its subsidiaries and affiliates.  All intellectual property on this website is owned by Knouse Foods, or its subsidiaries, or affiliates.  These Terms do not convey to you any rights of ownership or use in any of these intellectual property rights and you do not have permission to use, copy, modify, reproduce, redistribute, or otherwise misappropriate any of these intellectual property rights without the express written consent of Knouse Foods or the person that owns the intellectual property rights.

This website and its contents are the copyrighted works of Knouse Foods and cannot be copied, modified, reproduced, or redistributed without the express written consent of Knouse Foods.  In addition, the trademarks and logos displayed on this website are either registered trademarks ® or common law trademarks ™ and are the exclusive property of Knouse Foods, its subsidiaries, or affiliates.  Nothing contained on this website grants you any license or right to use any of these trademarks without the express written consent of Knouse Foods or the person that owns the trademark(s).  The use of this website constitutes actual notice of these marks under 15 U.S.C. § 1111.

Trademarks owned by Knouse Foods include, but are not limited to, the following:  Knouse Foods®, Lucky Leaf®, Musselman’s®, Apple Time®, Lincoln®, Speas Farms®

PRIVACY POLICY:  Knouse Foods respects concerns about the privacy of your personal information. Please review our Privacy Policy for how Knouse Foods’ collects, uses, discloses and manages your personal information.

USE OF WEBSITE:  Knouse Foods maintains the Site for your personal entertainment, information, education and communication.  You may only use this website to browse content found on the website and to inquire about goods and services provided by Knouse Foods and other purposes expressly permitted by Knouse Foods from time to time.  You may not use this website for any unlawful purposes, including any conduct or encouragement of conduct that could give rise to any civil or criminal liability.  You also agree that you will not use any software or devices that may interfere with the operation of this website.

ACCURACY OF INFORMATION:  While Knouse Foods uses reasonable efforts to include accurate and up-to-date information in this website, Knouse Foods makes no warranties or representations as to its accuracy.  Knouse Foods assumes no liability or responsibility for any errors or omissions in the content of this website.

AGE ELIGIBILITY:  You warrant that you are of legal age to use the website and to create binding legal obligations between you and Knouse Foods for any liability that you may incur as a result of these Terms and/or your use of this website.

OTHER WEBSITES:  This website may contain links to other websites that are not owned or operated by Knouse Foods.  Knouse Foods does not control, recommend, or endorse and is not responsible for these websites or their content, products, services, or privacy policies.  Downloading material from certain websites may risk infringing intellectual property rights or introducing viruses into your system.  You should note this when you leave this website, and you should read the privacy policies and terms of these other websites.  You should also independently assess the authenticity of any website which appears or claims that it is affiliated with Knouse Foods or affiliated with this website (including those linked to through an email).

INDEMNIFICATION & DAMAGES:  You shall indemnify and hold harmless Knouse Foods and its agents, employees, shareholders, directors, officers, affiliates, insurers, successors and assigns from and against all claims, demands, or causes of action, including reasonable legal and accounting fees, brought by a third party as a result of your use of this website.

LIMITATION OF LIABILITY & WARRANTY DISCLAIMER:  Your use of and browsing in this website is at your risk.  Neither Knouse Foods nor any other party involved in creating, producing, or delivering this website is liable for any direct, incidental, consequential, indirect, or punitive damages of any kind arising out of your access to, or use of, this website, even if you have advised Knouse Foods of the possibility of such damages.  Without limiting the foregoing, everything on this website is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR CONTRACTUAL, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.  Knouse Foods also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer, mobile devices, hardware, software, equipment or other property on account of your access to, use of, or browsing in this website, including, without limitation, your downloading of any materials, data, text, images, video or audio from this website.

ENTIRE AGREEMENT:  These Terms constitute the entire agreement between the parties and supersedes all previous oral or written negotiations and understandings regarding the subject matter herein.

SEVERABILITY:  Each provision of these Terms is severable and if any provision shall be finally determined to be invalid, illegal or unenforceable (“Invalid”) in any jurisdiction, the remaining provisions shall not be affected thereby, nor shall said provision be Invalid in any other jurisdiction.

WAIVER:  Knouse Foods’ failure to enforce any provision of these Terms or to require performance by you or any other user of this website shall not be construed as a waiver of such provision nor affect the validity of the Terms or any part thereof, or Knouse Foods’ right to enforce any provision thereafter.  Knouse Foods’ rights under these Terms are in addition to, and not in lieu of, any other remedies available under the governing Uniform Commercial Code (“UCC”), at law or in equity.

SURVIVAL:  All representations and Warranties of you, the user, all rights and remedies of Knouse Foods and any other provisions hereof which by their express terms or by implication are to survive, shall survive the termination or other expiration of these Terms.

GOVERNING LAW:  These Terms shall be governed by the laws of Pennsylvania (including, without limitation, it’s UCC) without regard to its conflict of laws provisions and without regard to the country in which these Terms are viewed.  Disputes arising under these Terms or the use of this website shall be determined by the Federal courts of the Middle District of Pennsylvania, U.S.A. or the State courts of Adams County, Pennsylvania, U.S.A., as applicable.

CHANGES OR MODIFICATIONS:  Knouse Foods may change any of these Terms in its sole discretion and at any time without prior notice.  Your use of this website is conditioned upon the Terms listed on this website at the time of your use.  You should therefore periodically visit this page to review the then current Terms to which you are bound.