Please read these Terms of Use carefully and in full before using this website
These Terms of Use constitute the agreement (“Agreement”) between you (“You” or “User”) and KristAnn's (“we” “our” or “us”) that governs Your right to access and use this website (“Site”), including but not limited to all of the Site's software, applications, plugins, and other features, components and capabilities (“Services”) and all data, information, images, graphics, text and other material of any kind capable of being perceived by any means or method, whether created by us or licensed or otherwise obtained from any third party (“Content”).
The Site and all Services and Content are intended for and made available to only those Users who can form legally binding contracts under applicable law. By accessing or using the Site, Services and/or Content at any time by any means or method You acknowledge that You have read and understood this Agreement and agree to be bound by it, and represent and warrant that you are: (1) at least eighteen (18) years of age; (2) able to form legally binding contracts under applicable law; and (3) not prohibited from accessing the Site, Services or Content under the laws of the United States or any other applicable jurisdiction, including but not limited to the State of California. By using the Site, Services or Content You acknowledge that You are at least 18 years of age and You are legally able to enter into a contract under applicable law. If You do not or are unable to accept and agree to be bound by the Agreement, You may not access or use the Site, Services or Content in any manner for any duration of time and must leave the Site immediately and destroy and disregard any and all copies of Content You may have acquired by any means or method whether directly from us via this Site or any other method or indirectly by way of any other person or other entity.
If Your access to and/or use of the Site, Services or Content is on behalf of anyone other than Yourself, including but not limited to any form of legally-formed business entity, You represent and warrant that You have the legal authority to bind said entity to the terms and conditions contained in this Agreement, and agree that said entity will be bound by the Agreement. In the event it is ever determined that You do not or did not at any relevant time have the legal authority to bind any entity on behalf of which you entered into this Agreement, You agree to be personally liable under the Agreement for all obligations as if You had entered into the Agreement on Your own behalf, including but not limited to all payment obligations. We reserve the right to require additional information from any User to verify any aspect of eligibility to access or use the Site, Services or Content. The decision whether to require additional information, and to what extent, will be made at our sole and exclusive discretion and under no circumstance will there ever be created any duty on our part to require any amount or specific piece of information whether for verification or any other purpose. This Agreement will remain in full force and effect regardless of the amount, if any, of verification information we require from You.
Each time You visit or otherwise access the Site, Services or Content, You accept the version of the Agreement currently made available for review by You on the Site. Your acceptance of the Agreement provides you with a temporary limited license and permission to access the Site to use it and the Services and Content only in strict compliance with this Agreement. We reserve the right to revoke this and any future license or permission at any time, for any reason, and for any duration of time up to and including a complete and permanent ban, which we may enforce by any method allowed by law. Please print a copy of this entire Agreement for your records. It is your responsibility to review this Agreement and any other document or information incorporated by reference each time you visit the Site and to retain a new copy of each whenever changes occur. We may update or modify the Agreement and/or any additional document or information incorporated by reference into the Agreement at any time and without notice, and any such update or modification shall be effective immediately upon being made available for review by You on the Site.
We do not provide medical advice
You acknowledge and agree that the Site and all Services and Content are solely and exclusively informational and of a general nature. From time to time the Site and/or Services may contain and/or link to Content related to celiac disease, gluten sensitivity and/or other food allergies ("Medical Content"). You acknowledge that You understand and agree that nothing on the Site or contained in the Services or Content, including but not limited to the Medical Content, constitutes a diagnosis or course of treatment for any medical or any other type of condition, or a substitute for personalized advice from a health care professional. You further acknowledge that You understand and agree that You should always seek personalized advice from a physician or other qualified health care provider regarding any questions or concerns You have related to general health, diet or any other symptom or condition of Yours or anyone else for whom You are responsible for care or oversight, and that You should never disregard or modify professional medical advice or delay seeking such advice based on anything contained on the Site or in the Services or Content, including the Medical Content.
If You are concerned that You or anyone else for whom You are responsible for care or oversight may be experiencing a medical emergency, You should immediately contact the doctor in charge of Your or the other person's care, take Yourself or the other person to the nearest hospital emergency room, or, under appropriate circumstances, call 911. Always consult Your doctor before making any dietary changes or beginning any treatment, and independently verify the safety of all ingredients before ingestion or application of any food, beverage or other substance. You acknowledge and agree that we do not recommend or endorse, and are not affiliated with, any specific medical, health care or scientific test, professional, organization or other entity, procedure, interpretation, conclusion or opinion, including but not limited to any that may appear on or be linked to from the Site from time to time, and that no representation, guaranty or warranty of any kind is made with respect to the safety or suitability of any specific treatment, procedure, food or ingredient for You or anyone else. You acknowledge that You understand and agree that Your reliance on any Content appearing on or linked to from the Site, including but not limited to Medical Content, is solely at Your own risk and that You shall be solely and exclusively liable for any and all loss, damages or other consequences resulting from such reliance.
We do not provide legal advice
You acknowledge and agree that the Site and all Services and Content are solely and exclusively informational and of a general nature. From time to time the Site and/or Services may contain and/or link to Content consisting of or related to certain legal authorities, standards or issues, including but not limited to United States Food and Drug Administration (“FDA”) rules and regulations, which may be selected, prepared or contributed to by our own legal counsel (“Legal Content”). You acknowledge and agree that all Legal Content we provide is solely and exclusively to give Site Users a general understanding of certain legal issues which may have a likelihood of being relevant to and/or commonly encountered by such Users, and that in all instances under all circumstances all Legal Content constitutes mere synopsis or summarization of a general nature only. You acknowledge that You understand and agree that we do not provide analysis of legal sufficiency, draw legal conclusions specific to You or any other person or other entity, provide any legal advice, opinions or recommendations whatsoever or apply the law to the facts of Your particular situation, including but not limited to those regarding Your legal rights, remedies, defenses, options or strategies. You further acknowledge that You understand and agree that any attorney we employ or retain works solely and exclusively for us, that we are not a law firm, that we do not perform any of the legal services performed by an attorney, that Your use of the Site and/or access to the Legal Content by any method or in any manner, including but not limited to any circumstance where a third party provides the Legal Content to You after obtaining it from us via this Site or any other method, or from another third party, does not create any attorney-client relationship whatsoever between You and us or our attorneys. Additionally You acknowledge that You understand and agree that the Site, Services and/or Content, including but not limited to Legal Content, are not substitutes for You seeking the advice of legal counsel that You independently and directly consult and retain.
While we make every reasonable effort to ensure that all Site Content, including Legal Content, is accurate and current, because the law is complex and can change rapidly, sometimes with limited or no notice, we cannot guarantee that all Legal Content on the Site is completely accurate and current at all times. You acknowledge and agree that we are not responsible for the accuracy or currency of any Legal Content on or linked to from the Site, or the availability of access to any third party content that has been linked. In addition, laws can vary significantly from jurisdiction to jurisdiction and may be subject to differing standards, interpretations and/or enforcement by different departments, agencies, judicial bodies, or other responsible entities having decision making authority. You acknowledge and agree that these variations and differences are beyond our control, that the Legal Content is not legal advice, and that we are not responsible for any consequences that may arise from Your reliance on the Legal Content. If you need legal advice, You should seek in-person advice from a competent attorney who is duly licensed and currently authorized to practice law in Your jurisdiction. We do not endorse and are not affiliated with any attorney or law firm for the purpose of referring clients or providing legal advice or services, and do not provide any references or attorney referral services of any kind.
These terms and conditions for food product purchases shall apply at all times to all purchases of food products made through the Site or Services, and to all food product purchases made from us anywhere after Your first visit to the Site. By placing an order and/or purchasing any food product offered for sale by us on this Site, or anywhere after having first visited this Site, You acknowledge that You understand that KristAnn's is a cottage food operation (“CFO”) operating pursuant to California law, including but not limited to the California Health & Safety Code and Division 104, Part 7, Chapter 11.5 thereof, and that all food products sold on this Site are made in a home kitchen. By placing an order for any food product You further agree to indemnify, defend and hold us harmless to the full extent allowed by applicable law for any and all claims arising out of Your purchase related in any way to its origination from a home kitchen and/or CFO. You further acknowledge and agree that You are solely and exclusively responsible for the proper care, handling and storage of all food products after they have been delivered to You, which includes but is not limited to continuously refrigerating or freezing food products at or below 39 degrees Fahrenheit (4 degrees Celsius), keeping food out of heat, direct sunlight and/or exposure to airborne insects or other pests, storing food in its original packaging or other appropriate container and in a sanitary location at all times, and thorough hand washing prior to any handling. We are not responsible for gluten cross-contamination after You take delivery of our food products, and You acknowledge that You understand and agree that our food products must be kept at all times in a gluten-free environment to remain gluten-free and safe for consumption by anyone with celiac disease or any form of gluten sensitivity. All food product purchases are final sales made at retail; however, we reserve the right in our sole and exclusive discretion to accept returns of food products under any lawful terms or conditions. Our decision to accept any return of any food product under any term or condition shall never give rise to any continuing obligation to accept any additional food product return or to match the term(s) or condition(s) agreed to for any other return. You further acknowledge and agree that any food products You order using the Site or Services must be picked up by You in person at the Kensington Farmers' Market ("Market") currently located on Oakview Avenue in Kensington, CA during the Market's normal operating hours. You acknowledge and understand that we require proof of purchase and at least one (1) form of photographic identification as prerequisites to claiming and taking possession of any order initiated on the Site, and You agree that these measures constitute reasonable efforts to ensure proper and accurate delivery and to forever discharge and hold us harmless for any and all claims of misdelivery or failure to deliver any purchase made by You and delivered to any person holding Your proof of payment and valid photographic identification. You agree that all purchases of food products initiated using the Site must be picked up within a reasonable time. We will hold Your food product order as a courtesy for a reasonable amount of time not to exceed ninety (90) days upon receipt of a written request by You; however, You acknowledge and understand that all food products are perishable and agree that You are solely and exclusively responsible for any deterioration in quality, freshness and/or fitness for human consumption resulting from any delivery delay(s) You initiate. In the event of any written request to hold any delivery made by You, we may elect, in our sole and absolute discretion, to substitute Your original food products with replacement food products of equal or greater value and of similar but not necessarily identical character. You agree that You will not cause or allow any food product You purchase to be resold. You further agree to indemnify, defend and hold us harmless to the full extent allowed by applicable law for any and all claims, including but not limited to claims that gluten is or was present in our food products, arising out of Your improper care, handling, storage (including but not limited to Your failure to observe appropriate measures to prevent gluten cross-contamination) or resale of any food product purchased from this Site, or anywhere after having first visited this Site.
Upon providing acceptable proof of purchase, non-food products can be returned or exchanged within ninety (90) days of purchase provided they are in their original condition. "Original condition" means undamaged and of like-new appearance in all respects. In the case of any apparel product, "original condition" also means unworn and with all original tags in place. "Undamaged" means free from material physical defects, including but not limited to any visible stain, mark, fold, crease, tear, fray or surface blemish of any kind, and perceptible wear and tear. All shipping charges are nonrefundable. You agree to be solely and exclusively responsible for any and all shipping charges and fees of any kind, including but not limited to charges and fees to ship any product to You initially and/or for You to return any product to us.
From time to time the Site may contain Services or other features such as email and physical addresses, telephone numbers, forms, polls, forums, mesage boards, comment sections and the like that provide You with an opportunity to submit or send information to us. By submitting or sending to us any information of any kind, whether through the Site or Services or by any other method, ("User Content") You agree to grant us an irrevocable, perpetual, non-exclusive and freely sublicenseable world-wide royalty free right (including any and all moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display Your User Content anywhere, for any purpose, whether commercial or non-commercial, and in any form, media or technology now known or later developed. You further agree that any User Content You submit is done voluntarily on Your part solely and exclusively in consideration for Your ability to use of the Site and/or Services under the limited license described above, that no additional consideration, including but not limited to any compensation of any kind, will be required or paid with respect to any use of Your User Content by us or our licensees, and that we are free to use any ideas, concepts, know-how, or techniques contained in Your User Content for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products or services using Your User Content. In addition, by submitting or sending User Content You also represent and warrant that You are the sole and exclusive owner of Your User Content or otherwise control joint-owner rights sufficient to allow Your submission under applicable law, and that use of Your User Content by us or any of our sublicensees will not infringe or violate the rights of any third party or any applicable law. You agree to hold us harmless with respect to any use of Your User Content under the terms described in this section and to indemnify and defend us from any and all third-party claims arising from Your submission of Your User Content or use of any of Your User Content by us or any of our sublicensees.
We expressly disclaim any and all obligation to maintain any of Your User Content, and may remove any portion up to and including all of Your User Content at any time without notice. We reserve the right, but do not have the obligation, to review, edit, refuse to post or to remove any of Your User Content, in whole or in part, at any time without notice and to terminate your ability to submit User Content to the Site at any time, without notice, in our sole and absolute discretion.
Although it is our intent to keep the Site and all Content current, accurate and available, You acknowledge and agree that we cannot guarantee the accuracy of the Content or continuous operation of the Site or Services, and that operation of and access to the Site, Services and Content may be interrupted by factors outside of our control that are too numerous to predict or recite, including but not limited to technical issues such as server unavailability. You further acknowledge and agree that Your access to and use of the Site, Services and Content is solely and exclusively at Your own risk, that they are at all times provided to you exclusively on an "as is" and "as available" basis, and that we are not responsible in any way for any third-party content linked to from the Site, or the availability of access to any third party content that has been linked. To the full extent allowed by applicable law we disclaim and exclude all express and/or implied warranties, terms and conditions related in any way to the Site, Services and Content, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We reserve the right to remove, modify, alter or reconfigure any or all aspects of the Site, including all or any portion of the Services, Content or any product offered, at any time with or without prior notice. You agree and acknowledge that by providing the Site, Services, Content and products no obligation to continue to do so for any reason or under any circumstance has been formed or implemented and that no such obligation shall ever come into being.
You agree that we shall not be liable and that You will hold us harmless for any damages or losses, including but not limited to loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages, incurred by You resulting directly or indirectly from any use of the Site, Services or Content You make in any manner or by any method. You acknowledge and agree that Your use of the Site, Services and/or Content is solely and exclusively at Your own risk. If You do not agree, You may not access the Site, Services or Content in any manner, by any method, for any duration of time.
You agree to assume, to the full extent allowed by law, all risk of loss, damage or other harm to You, any entity associated with You, or any third party to whom You pass along any Content or other information related in any way to any access by You to any portion of the Site, Services or Content, including but not limited to:
In the event that we are found to be liable in spite of the terms of this Agreement our liability to You or to any third party associated with You in any way is limited, in United States currency, to Fifty Dollars ($50) or the price of the item(s) You purchased from us (including any applicable sales tax and/or initial shipment costs), whichever is greater.
By accessing the Site and/or providing Your contact information where requested or required, You authorize us and our employees, affiliates, agents and independent contractors to contact You at any time without prior notice by any method You provide, including home, work or mobile telephone, SMS or MMS message, social media account, device application, or any other method or device now known or later developed even if You incur periodic or per-use charges for any contact we initiate. You agree that You are solely and exclusively responsible for all charges imposed on You by any communications provider for any contact between You and us. It is our policy to initiate contact to You only during the normal business hours of 8 a.m. to 5 p.m. Pacific time; however, we reserve the right to contact You in any manner allowed by applicable law using any available method at any time including nights and weekends if we deem such contact to be necessary or convenient, such as for order confirmation or delivery notification.
You hereby authorize us, to the full extent allowed by applicable law if in our sole and exclusive discretion we determine it to be necessary or advisable to do so for quality control, training, research and development, or for our own protection, to monitor or record any communication, including but not limited to telephone conversations, between You or anyone acting on your behalf and us or our employees, affiliates, agents and independent contractors without first attempting to provide any further notice or warning. You understand, agree and acknowledge that, while Your communications with us may be overheard, monitored, or recorded without further notice or warning, not all communications may be recorded and we do not guarantee that recordings of any particular communication, including but not limited to telephone calls, will be retained or retrievable. You further understand, agree and acknowledge that all recordings of communications in any form made by us are proprietary to us and are subject to disclosure only to the most limited extent, and under the most protective conditions, required by applicable law. We expressly reserve all rights, defenses and objections with respect to all proprietary information that we compile, acquire or retain.
This Agreement shall be construed and enforced in accordance with, and all use of the Site, Services and Content, and all sales of products by us through this Site or elsewhere are governed by, the laws of the United States of America and the State of California. You expressly consent and agree to submit to the exclusive jurisdiction and venue of the United States District Court for the Northern District of California or, for matters not susceptible of adjudication in the federal courts, the courts of the State of California located in Santa Cruz County, in all disputes arising out of Your use of, or in any way relating to, the Site, Services and/or Content, and any product purchase You make from us. If any provision of this Agreement is determined by any court of competent jurisdiction, arbitrator or trier of fact having jurisdiction over the matter to be invalid, illegal, or unenforceable to any extent, that provision will, if possible, be construed as though more narrowly drawn, if a narrower construction would avoid that invalidity, illegality, or unenforceability or, if that is not possible, the provision will, to the extent of that invalidity, illegality, or unenforceability, be severed, and the remaining provisions of this Agreement will remain in full force and effect.
This Agreement constitutes the whole and entire agreement between You and us with respect to its subject matter, and it will not be modified or amended in any respect except by any subsequent written agreement made available on the Site. This Agreement replaces and supersedes all prior written, and any purported oral, agreements between You and us.
Any section and/or subsection titles or headings used in this Agreement are inserted as matters of convenience and for ease of reference only and will be disregarded for all other purposes, including the construction or enforcement of this Agreement or any of its provisions.
Last Revised: March 31, 2013