Terms and Conditions
Site Information and General Disclaimer
This site (http://www.buykettlechips.com/) is owned, operated, and maintained by Kettle Foods ("KFI") for the purpose of providing online shopping of Kettle Brand® Chips. The use of this site and the information on this site is subject to the following terms and conditions. If you do not agree to these terms and conditions, please do not use this site. KFI reserves the right to modify these terms and conditions without notice. Your use of this site is subject to the most current version of the terms and conditions posted on the site at the time of such use. Your use and browsing of this site constitutes your acceptance, without limitation or qualification, of these rules. KFI makes no representations or warranties regarding the accuracy, reliability, or completeness of the material on this site. To the extent permissible by law, KFI disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose. In addition, KFI does not warrant that this site or the server that makes it available are free of computer "viruses."
Online ordering requires the customer to be over the age of 18 and have a valid credit card. When a customer places an order, KFI collects information associated with the transaction, which includes the customer's name, mailing address, product ordering information, shipping address, and credit card information. KFI adopts careful security procedures to safeguard customer information stored on our systems. Our third party eCommerce company uses encrypted web communications technology to protect credit card information. KFI does not retain credit card information received via our website in our systems, therefore each time you place an order you will need to provide a credit card number. You may not provide incomplete or inaccurate registration information (the registration form will indicate what information is required for registration, and what is optional, and you may also check the Privacy Statement at http://www.buykettlechips.com/ for further information on the collection and distribution of information by KFI . You are responsible for any use of this website by anyone using your credit card number or other identifier. Thus, if for any reason you suspect that your credit card or other identifying information has been compromised, you should contact the web store at once.
Chip of the Month Club: Customers must create an account to join the Chip of the Month Club. Customers will be billed in total when an order is placed for the Chip of the Month Club. Once an order has been placed, and the first shipment has been sent, the Club cannot be refunded. The remainder of the shipments may be cancelled, however, the cost of the Club will not be refunded.
Intellectual Property Rights: Copyrights and Trademarks
The material contained in this site, including, without limitation, text, information, page headers, button icons, images, designs, logos, data, graphics, slogans, trade dresses and photographs are copyrighted and/or trademarked. Any unauthorized use of this material may violate copyright, trademark, and other laws enforced in the United States and internationally. This material should not be reproduced or used without express written permission from KFI.
Trademarks displayed on this site, including, but not limited to Kettle Brand® Potato Chips, Kettle Brand® Baked Potato Chips, and Kettle Brand® Krinkle Cut™ Potato Chips, are the property of KFI in the United States and/or internationally. The absence of a product name or logo from this list in no way constitutes a waiver of KFI's intellectual property rights. No material contained on this site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on this site without the express written agreement of KFI. Improper use of trademarks displayed on this site is strictly prohibited. For further information on proper trademark usage, see Trademark Guidelines.
Restrictions of Liability
Your use of this site is at your own risk. Our website provided on an â€œAS ISâ€ or â€œAS AVAILABLEâ€ basis without warranties of any kind, either express or implied. KFI shall not be liable for damages of any kind, including without limitation, special, punitive, incidental, indirect, or consequential damages, arising out of your access to, or inability to access, this site or your use of, or reliance upon, this site or the content hereof whether or not KFI has been advised of the possibility of such damages, and on any theory of liability. In addition, KFI is under no obligation to update this site or its content and shall not be liable for failure to update such information. KFI is not liable in any way for use of links to other sites. The above limitations do not apply in jurisdictions that prohibit limitation or exclusion of liability for consequential, incidental damages or implied warranties.
Governing Law and Jurisdiction
These terms and conditions shall be governed by and construed in accordance with the laws of the United States of America and the State of Oregon, without giving effect to its conflicts of law principles. By using this site, you agree that any dispute arising from or relating in any way to this site will be brought exclusively in the Federal or State courts located in the State of Oregon and you agree to submit to the jurisdiction of such courts. By using this site, you agree to indemnify, defend, and hold harmless KFI from and against any and all claims, damages, liability, costs and/or expenses, including attorneys' fees, arising from or relating to your use of this site or its content. If any provision of these terms and conditions shall be unlawful, then that provision shall be deemed severable from these terms and conditions and shall not effect the validity and enforceability of any remaining provisions. The headings used in the Terms and Conditions are for convenience only; they are not to be used in determining the meaning or interpretation of these rules. If any clause or provision set forth in these rules is determined to be illegal, invalid or unenforceable under present or future law, then it shall be severable without affecting the enforceability of all remaining clauses or provisions.