Legal

Krüs Kitchen LLC (“us”, “our” or “we”) provides this web site to you under the following terms and conditions (“Terms of Use”). Our Privacy Policy, which explains how we collect and use information from visitors to our web site (“Visitors”), is incorporated by reference in these Terms of Use. By using our web site (“Site”) or submitting any information to us, you consent to and agree to be bound by these Terms of Use and our Privacy Policy.

Our web site can be accessed from the domain name: www.kruskitchen.com

Account Registration

In order to purchase products on the Site you must complete the registration process by providing us with current, complete and accurate information. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. You will not share let anyone else access your account, or do anything else that might jeopardize the security of your account. You will not transfer your account to anyone without first getting our written permission.

General Guidelines

You are wholly responsible for any and all activity related to your account. You warrant and represent that all information that you provide to us or through the Site is accurate, compete and truthful. We reserve the right to suspend or terminate your account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. We grant you a limited, non-exclusive, non-transferrable license to view, copy, print and distribute content on the Site for personal, non-commercial purposes. We grant the operators of public search engines a limited, non-exclusive, non-transferrable license to copy materials from the Site for the purpose of creating publicly available, searchable indices of Site content. We reserve the right to terminate or limit your access to the Site and/or the licenses granted herein for any reason and in our sole discretion. You agree not to modify, damage, disrupt, disable, overburden, impair, alter or interfere with the use, features, functions, operation, security or maintenance of the Site or the rights or use and enjoyment of the Site by any other person or entity in any manner. You are prohibited from transmitting any material on or through the Site that, in our sole opinion, is or could be offensive, fraudulent, unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any such information or materials on the Site.

No Representations or Warranties

Information provided on the Site may not be complete or accurate. We do not endorse or represent the reliability or accuracy of any content or information distributed through or accessed from the Site, and shall not be liable for any decisions Visitors make based upon such information. You agree that any reliance upon any content or information distributed through or accessed from the Site is at your sole risk. We assume no liability or responsibility for any errors or omissions in the content of the Site. We have not fully reviewed all of the links provided on the Site and are not responsible for the content of any off-Site pages. Clicking on hyperlinks and visiting any off-Site pages is done at your own risk.

Digital Millennium Copyright Notice

We respect the intellectual property of others, and we ask you to do the same. If you or any Visitor of our Site believes its copyright rights have been infringed on our Site, the copyright owner (“Complaining Party”) should send notification to Our Designated Agent (as identified below) immediately. To be effective, the notification must include:

  • i. A physical or electronic signature of the Complaining Party or such person authorized to act on behalf of the Complaining Party;

  • ii. Identification of the copyrights claimed to have been infringed;

  • iii. Information reasonably sufficient to permit us to contact the Complaining Party or such person authorized to act on behalf of the Complaining Party, such as address, telephone number and, if available, an electronic mail address at which the Complaining Party may be contacted;

  • iv. Identification of the material that is claimed to be infringing the Complaining Party’s copyright that is to be removed and information reasonably sufficient to permit us to locate such materials;

  • v. A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or by law; and

  • vi. A statement that the information in the notification is accurate and, under penalty of perjury, the Complaining Party or such person authorized to act on behalf of the Complaining Party is the owner of an exclusive copyright that is allegedly infringed. Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c) (“DMCA”), our Designated Agent for notice of claims of copyright infringement can be contacted at the addresses below.

Designated Agent for Claimed Infringement:

Krüs Kitchen LLC

c/o Saul H. Finkelstein, Esq.

Ellenoff Grossman & Schole LLP

1345 Avenue of the Americas

New York, NY 10105

E-mail address: info@kruskitchen.com

You acknowledge, accept and agree that if we receive a notice of a claim of copyright infringement, we may immediately remove the identified materials from our Site without liability to you or any other party and that the claims of the Complaining Party will be referred to the United States Copyright Office for adjudication as provided in the DMCA. Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed. The preceding requirements are intended to comply with our rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.

Claims that intellectual property other than copyright is being infringed should be directed to info@kruskitchen.com. We may, in our sole discretion, terminate the accounts of those who are accused of copyright or other intellectual property infringement.

Intellectual Property

You are advised that we will aggressively enforce our intellectual property rights to the fullest extent of the law.

All content and images on the Site are either the property of, or used with permission by us. All content and images on the Site are copyrighted unless otherwise noted and may not be used except as provided in these Terms of Use or in the text on the Site without our written permission. We neither warrant nor represent that your use of materials displayed on the Site will not infringe rights of third parties not owned or affiliated with us.

Change or Termination

We may, without prior notice, change the Site, stop providing the Site, applications or services, or create usage limits for the Site. We may permanently or temporarily terminate or suspend your access to the Site without notice or liability, for any reason or for no reason, including if in our sole determination you violate any provision of these Terms of Use. Upon termination of these Terms of Use or your access to the Site for any reason or no reason, you will continue to be bound by these Terms of Use which, by their nature, should survive termination, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Unsolicited Communications

You agree that any information that you transmit to the Site or us in any manner, is non-confidential and non-proprietary and can be used by us for any purpose. We are free to use any idea, concepts, know-how, techniques, etc. contained in any communication to the Site for any purpose.

Disclaimer of Liability

Your use and browsing in the Site are at your own risk. Neither we nor any other party involved in creating, producing, or delivering the Site shall be liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, the Site. Without limiting the foregoing, everything on the Site is provided to you “as is” without warranty of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

We assume no responsibility for, and shall not be liable for, any damages to or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site.

We reserve the right to remove any content from the Site or to restrict access to the Site for any reason without notice.

US Jurisdiction

We make no representation that the Site is operated in accordance with the laws or regulations of, or governed by, nations other than those of the United States. If you are located outside of the United States, you use this Site at your own risk and initiative and you, not us, are responsible for compliance with any applicable local and national laws.

Governing Law

These Terms of Use shall be governed by, construed and entered in accordance with the laws of the State of New York applicable to contracts deemed to be made within such state, without regard to choice of law or conflict of law provisions thereof. All disputes with respect to this Terms of Use shall be brought and heard either in the New York State Courts located in the county of New York, New York, or the federal district court for the Southern District of New York. You consent to the in personal jurisdiction and venue of such courts. YOU HEREBY WAIVE YOUR RIGHT TO A TRIAL BY JURY WITH RESPECT TO ANY CLAIM, ACTION OR PROCEEDING, DIRECTLY OR INDIRECTLY, ARISING OUT OF, OR RELATING TO, THESE TERMS OF USE TO THE FULLEST EXTENT PERMITTED BY LAW.

Indemnification

You agree to indemnify, defend and hold us and any of our affiliates, and any of our or their successors and assigns, and any of their respective officers, directors, employees, agents, representatives, licensors, advertisers, suppliers, and operational service providers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys' fees), resulting from any breach or violation of these Terms of Use by you or arising from your use of the Site.

We reserve the right to assume, at our sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with us in the defense of any such claim, action, settlement or compromise negotiations, as requested by us.

Notification Procedures

We may provide notifications, including those regarding modifications to these Terms of Use, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our Site, as determined by us in our sole discretion. We reserve the right to determine the form and means of providing notifications to visitors. Note that you may opt out of certain means of notification as described in these Terms of Use. We are not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provided to us.

General

Our failure to enforce any right or provision of these Terms of Use will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by our duly authorized representative. Except as expressly set forth in these Terms of Use, the exercise by either party of any of its remedies under these Terms of Use will be without prejudice to its other remedies under these Terms of Use or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms of Use will remain in full force and effect.

Miscellaneous

Except as expressly provided in these Terms of Use, there shall be no third-party beneficiaries to the Terms of Use. We shall have the right to assign our rights or delegate any of our responsibilities under these Terms of Use to an affiliate or in connection with our merger, consolidation or reorganization for the sale of substantially all of our assets.

These Terms of Use contain the entire understanding between you and us relating to the Site and our services. These Terms of Use supersede any other Terms of Use or agreement regarding the Site our services prior to the Effective Date below.

These Terms of Use were last updated on September 9, 2021.