Welcome to the Kilwin’s Chocolate Franchise, Inc. (“KCF”) family of brands and websites (our “Sites”). Our Sites are located at and under the domain names: Kilwins.com and KilwinsFranchises.com and such other domain names that we may own or control from time to time. By accessing any of these Sites or using any of the services offered on or through the Sites (collectively with the Sites, the “Services”), you agree to be bound by the terms and conditions below (and all other operating rules and/or policies of KCF that may be published on these Sites (collectively, the “Terms”).
If you do not agree to the Terms, please do not use these Sites. KCF may from time to time modify the Terms by posting updates on the Sites. Your use of these Sites following any change constitutes your agreement to be bound by the changed Terms.
KCF hereby grants to you a revocable, non-exclusive, non-transferable, non-sublicensable limited right and license to access and use those portions of the Sites and the Services accessible to the general public without a password or logon for your own personal research use, subject to these Terms. In order to use the Services, you must provide and maintain adequate communications and computer equipment and obtain access to the World Wide Web directly or through devices that access web-based content. You are responsible for paying any and all service fees associated with such access. KCF provides the Services for users of the Sites to provide information and products of KCF and its affiliates.
KCF may change, suspend, or discontinue any aspect of the Services at any time, including the availability of any Service feature, database, or content. KCF may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. Certain areas of this Site may require registration and use of a password and user ID to access certain content, and will be subject to additional terms and conditions. The information contained on this Site is provided solely for general informational purposes and is not intended to provide a complete description of all terms, conditions, and exclusions applicable to all of the products and services described. KCF is not engaged in rendering legal, financial, investment or any other advice – we sell coffee and bagels. Products and services referenced herein may not be available in all jurisdictions. The information contained on these Sites was believed to be accurate at the time it was posted and KCF periodically updates the information on its Sites; however, KCF provides all information on its Sites on an “as is” and “as available” basis and takes no responsibility for the timeliness, accuracy or applicability of the information.
You agree to provide KCF current, complete, and accurate information, if required to complete an online job application or to request information (“User Data”) and to maintain and update this information as required to keep it current, complete, and accurate. You agree not to use a false or misleading name or a name that you are not authorized to use. If KCF suspects that your User Data is not current, complete, or accurate, KCF may pursue any appropriate legal remedies.
These Sites and their contents, including but not limited to, text, photographs, graphics, illustrations, video, sound and other material (collectively the “Content”) are protected under United States and international copyright laws and are the property of KCF or its third party licensors. All logos, splash screens, page headers, custom graphics and button icons displayed on this Site are service marks, trademarks, tradenames, or trade dress (collectively, “Marks”) of KCF and its third party licensors. In particular, our “Kilwins” and other tradenames, corporate names, trademarks, service marks, and logos of our affiliated companies are among our family of valuable Marks. Except as specifically permitted herein, copying, distributing, transmitting, displaying, modifying, selling or participating in the sale of, or otherwise exploiting or using any Content or any Marks in any form or by any means without the express written permission of KCF is prohibited and may violate the copyright or trademark laws of the United States and/or other countries.
KCF requires users to respect its copyrights. We likewise respect the intellectual property of others. On notice, KCF will act expeditiously to remove content on our Site which infringes the copyright rights of others and will disable the access to the Site and Services by any one who uses them to repeatedly infringe the intellectual property rights of others. If you believe that our Site contains elements that infringe your copyrights in your work, please follow our \Notice and Procedure for Making Claims of Copyright Infringement.
We appreciate your comments, suggestions and other submissions you disclose to us (collectively, “Comments”). By sending us your Comments, you grant KCF and its affiliates a perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, modify, adapt, publish, translate, create derivative works of, distribute, publicly perform and publicly display (in whole or in part) your Comments, your name and any related copyrights, moral rights or other intellectual property rights.
You shall not restrict or inhibit any other user from using the Sites. You shall not use the Sites to: (i) engage in fraudulent conduct or conduct that would constitute a criminal offense or give rise to civil liability; (ii) distribute any harmful, vulgar, indecent, obscene, or otherwise illegal or objectionable material; (iii) spoof any third party, or forge, delete, or alter any part of TCP/IP packet header information in any e-mail; (iv) violate or attempt to violate, the security of the Site; (v) access materials not intended for you; (vi) log into a server or account which you are not authorized to access; or (vii) assist or permit any persons in engaging in any of the activities described above. We reserve the right to investigate and to involve law enforcement authorities for any alleged or actual illegal activities involving this Site. You shall not “deep-link” to these Sites, meaning that you will not create, post, display, or distribute any link to any page other than the home page of a Site, unless specifically authorized by KCF to do so. You shall not display the contents of the Sites on another web page through framing or in-lining without KCF’s express permission. The Sites may contain links to third party sites. Your use of such third party sites will be subject to the terms and conditions posted on that web site. KCF assumes no responsibility for content posted by any third party or any third party web site. The inclusion of any link on the Sites does not imply an endorsement of that web site by KCF. You acknowledge that your access or use of any third party site is at your own risk.
You are responsible for protecting against viruses, Trojan horses, or other computer programming routines intended to damage a computer’s functionality.
We respect the privacy of individuals who visit the Site. Our Privacy Policy is incorporated herein by reference.
THIS SITE, ITS CONTENTS AND ALL INFORMATION, PRODUCTS AND SERVICES CONTAINED IN OR OFFERED THROUGH THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. KCF EXPRESSLY DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. KCF DOES NOT WARRANT THAT THIS SITE OR ITS CONTENTS WILL BE COMPLETE, ACCURATE, UNINTERRUPTED, SECURE, OR ERROR FREE OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
You agree to defend, indemnify and hold KCF and each of its subsidiaries, affiliates, franchisees, licensees, officers, directors employees and agents, harmless from and against any and all claims, losses, damages, liabilities, costs and expenses, including reasonable fees and expenses of counsel, incurred or suffered by them and arising from or related to your (i) use of the Sites; (ii) violation of any of these Terms; or (iii) the infringement by you, or any other person using your password and account (if applicable), of any right of any person or entity.
IN NO EVENT SHALL KCF BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THESE SITES OR GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THESE SITES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, EVEN IF KCF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. KCF 's total liability for any claim arising from or related to your use of this Site shall not exceed one hundred dollars (US$100).
These Terms are governed by the laws of the State of Michigan without giving effect to any principles of conflicts of law. Subject to the dispute resolution terms below, any legal action between KCF and you related to the Terms shall be brought exclusively in a court of competent jurisdiction sitting in (or with jurisdiction over) Petoskey, Michigan.
Except with respect to violations of KCF’s intellectual property or proprietary rights, and except with respect to suits brought against KCF by third parties, you agree that any dispute involving KCF shall be settled by arbitration in the AAA office nearest to Petoskey, Michigan in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”). Any such claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim of any other party. You agree that KCF may seek interim or preliminary relief from a court of competent jurisdiction necessary to protect the rights or property of KCF pending the start and/or the completion of arbitration.
If any provision of these Terms shall be found to be unlawful, void, or unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Any cause of action brought against KCF arising out of the Sites or the Terms must commence within one (1) year after the cause of action arose. These Terms constitute the entire agreement between the parties.
KCF may deliver notice to you under the Terms by means of electronic mail, a general notice on the Site, or by written communication delivered by first class U.S. Mail to your address you provide (if any) to KCF. You may give notice to KCF (except for claims of intellectual property infringement for which you may give notice according to our Copyright Notice and Procedure anytime) via electronic mail to webmaster@kilwinsfranchise.com.
KCF reserves the right, at any time, to modify, suspend, or discontinue the Sites, without notice, at its sole discretion. Neither KCF nor affiliates shall be liable to you for any modification, suspension, or discontinuance of the Sites. KCF may, in its sole discretion, refuse or restrict anyone from access to any or all of the Sites at any time.
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