Terms of Service

The following terms and conditions (“Terms”) govern all use of the croutons.com website and all content, services, and products available at or through the website (“Services”). Our Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Elizabeth’s Food Company’s Privacy Policy) and procedures that may be published from time to time by Elizabeth’s Food Company (collectively, the “Agreement”). You agree that we may automatically upgrade our Services, and these Terms will apply to any upgrades.

Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Terms of this Agreement. If you do not agree to all the Terms of this Agreement, then you may not access or use any of our Services. If these Terms are considered an offer by Elizabeth’s Food Company, acceptance is expressly limited to these Terms.

Our Services are not directed to children. Access to and use of our Services is only for those over the age of 13 (or 16 in the European Union). If you are younger than this, you may not register for or use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older (16 years or older in the European Union).

This Agreement does not transfer from Elizabeth’s Food Company to you any Elizabeth’s Food Company or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Elizabeth’s Food Company. Elizabeth’s Food Company, and all other trademarks, service marks, graphics and logos used in connection with croutons.com or our Services, are trademarks or registered trademarks of Elizabeth’s Food Company. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any Elizabeth’s Food Company or third-party trademarks.

Termination

Elizabeth’s Food Company may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your croutons.com account (if you have one), you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties.

Our Services are provided “as is.” Elizabeth’s Food Company hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Elizabeth’s Food Company does not make any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.

Jurisdiction and Applicable Law.

Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Francisco County, California.

Limitation of Liability.

In no event will Elizabeth’s Food Company be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Elizabeth’s Food Company under this Agreement during the twelve (12) month period prior to the cause of action. Elizabeth’s Food Company shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

Limitation of Liability.

In no event will Elizabeth’s Food Company be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Elizabeth’s Food Company under this Agreement during the twelve (12) month period prior to the cause of action. Elizabeth’s Food Company shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty.

You represent and warrant that your use of our Services:

  • Will be in strict accordance with this Agreement;
  • Will comply with all applicable laws and regulations (including without limitation all applicable laws regarding online conduct and acceptable content, the transmission of technical data exported from the United States or the country in which you reside, privacy, and data protection); and
  • Will not infringe or misappropriate the intellectual property rights of any third party.

 

US Economic Sanctions.

You expressly represent and warrant that your use of our Services and or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and Elizabeth’s Food Company reserves the right to terminate accounts or access of those in the event of a breach of this condition.

Indemnification.

You agree to indemnify and hold harmless Elizabeth’s Food Company from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.

Miscellaneous.

This Agreement constitutes the entire agreement between Elizabeth’s Food Company and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Elizabeth’s Food Company, or by the posting by Elizabeth’s Food Company of a revised version.

If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Elizabeth’s Food Company may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

This is a demo store for testing purposes — no orders shall be fulfilled. Dismiss