Last updated: 10/12/2011
IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE THIS WEBSITE.
Continental Mills, Inc. ("Continental Mills"), including
www.alpinecider.com (collectively, the "Sites”). These Terms do not alter
the terms or conditions of any other agreement you may have with Continental Mills
or its subsidiaries or affiliates for products, services or otherwise. If you are
using the Sites on behalf of an entity, you represent and warrant that you are authorized
to accept these Terms on such entity's behalf, and that such entity will be responsible
to Continental Mills if you violate these Terms.
Continental Mills reserves the right to change or modify the terms and conditions
contained in these Terms or any policy or guideline of the Sites, at any time and
in its sole discretion. Any changes or modifications will be effective immediately
upon posting the revisions to the Sites, and you waive any right you may have to
receive specific notice of such changes or modifications. Your continued use of
the Sites will confirm your acceptance of such changes or modifications; therefore,
you should frequently review the Terms and applicable policies to understand the
terms that apply. If you do not agree to the amended terms, you must stop using
the Sites. Any use of the Sites in violation of these Terms may result in, among
other things, termination or suspension of your right to use the Sites.
If you have any questions regarding the Site, please contact Continental Mills by
about how Continental Mills collects, uses and discloses personally identifiable
information from its users.
2. Eligibility, Registration and Account
By accessing or using the Sites, you represent and warrant that you are a resident
of the United States and at least 18 years old. If you are not 18 or older, you
may only use the Sites under the supervision of a parent or legal guardian who agrees
to be bound by these Terms.
In order to access certain areas and features of some of our Sites, you will need
to register for an account. You agree to (a) provide accurate, truthful, current
and complete information when creating an account; (b) maintain and promptly update
your account information; (c) maintain the security of your account by not sharing
your password with others and restricting access to your account and your computer;
(d) promptly notify Continental Mills if you discover or otherwise suspect any security
breaches related to the Sites; and (e) take responsibility for all activities that
occur under your account and accept all risks of unauthorized access.
3. Copyright and Limited License
Unless otherwise indicated, the Sites and all content and other materials on the
Sites, including, without limitation, the Continental Mills logo and all designs,
text, graphics, pictures, videos, information, data, software, sound files, other
files and the selection and arrangement thereof (collectively, "Site Materials")
are the proprietary property of Continental Mills or its licensors or users and
are protected by U.S. and international copyright laws.
You are granted a limited, non-sublicensable license to access and use the Sites
and Site Materials; however, such license is subject to these Terms and does not
include: (a) any resale or commercial use of the Sites or Site Materials; (b) the
distribution, public performance or public display of any Site Materials; (c) modifying
or otherwise making any derivative uses of the Sites and the Site Materials, or
any portion thereof, unless modification or derivative use is specifically provided
for under separate terms; (d) use of any data mining, robots or similar data gathering
or extraction methods; (e) downloading (other than the page caching) of any portion
of the Sites, the Site Materials or any information contained therein, except as
expressly permitted on the Sites; or (f) any use of the Sites or the Site Materials
other than for its intended purpose. Any use of the Sites or the Site Materials
other than as specifically authorized herein, without the prior written permission
of Continental Mills, is strictly prohibited and will terminate the license granted
herein. Such unauthorized use may also violate applicable laws, including, without
limitation, copyright and trademark laws and applicable communications regulations
and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed
as conferring any license to intellectual property rights, whether by estoppel,
implication or otherwise. This license is revocable at any time.
"CONTINENTAL MILLS," "KRUSTEAZ," "ALPINE," "SNOQUALMIE FALLS LODGE," "CLASSIC HEARTH,"
"EAGLE MILLS," "GHIRARDELLI," "ALBERS," the Continental Mills logos and any other
product or service name or slogan contained on the Sites are trademarks of Continental
Mills and its suppliers or licensors and may not be copied, imitated or used, in
whole or in part, without the prior written permission of Continental Mills or the
applicable trademark holder. You may not use any metatags or any other "hidden text"
utilizing "Continental Mills" or any other name, trademark or product or service
name of Continental Mills without our prior written permission. In addition, the
look and feel of the Sites, including all page headers, custom graphics, button
icons and scripts, is the service mark, trademark and/or trade dress of Continental
Mills and may not be copied, imitated or used, in whole or in part, without our
prior written permission. All other trademarks, registered trademarks, product names
and company names or logos mentioned on the Sites are the property of their respective
owners. Reference to any products, services, processes or other information, by
trade name, trademark, manufacturer, supplier or otherwise does not constitute or
imply endorsement, sponsorship or recommendation thereof by us.
You are granted a limited, non-exclusive right to create a text hyperlink to the
Sites for noncommercial purposes, provided such link does not portray Continental
Mills or its products in a false, misleading, derogatory or otherwise defamatory
manner and provided further that the linking site does not contain any obscene,
pornographic, sexually explicit or illegal material or any material that is offensive,
harassing or otherwise objectionable. This limited right may be revoked at any time.
You may not use a Continental Mills logo or other proprietary graphic of Continental
Mills to link to the Sites without the express written permission of Continental
Mills. Further, you may not use, frame or utilize framing techniques to enclose
any Continental Mills trademark, logo or other proprietary information, including
the images found at the Sites, the content of any text or the layout/design of any
page or form contained on a page on the Site without Continental Mills' express
written consent. Except as noted above, you are not conveyed any right or license
by implication, estoppel or otherwise in or under any patent, trademark, copyright
or proprietary right of Continental Mills or any third party.
Continental Mills makes no claim or representation regarding, and accepts no responsibility
for, the quality, content, nature or reliability of embedded content, third-party
websites accessible via hyperlink or websites linking to the Sites. Such sites are
not under the control of Continental Mills and Continental Mills is not responsible
for any embedded content or the content of any linked site or any link contained
in a linked site, or any review, changes or updates to such sites. Continental Mills
and its users may provide these links as a convenience to you, but the inclusion
of any link does not imply affiliation, endorsement or adoption by Continental Mills
of any site or any information contained therein. When you visit other sites via
links or embedded content, you should understand that our terms and policies no
longer govern and that the terms and policies of those third party sites will now
apply. You should review the applicable terms and policies, including privacy and
data gathering practices, of any site to which you navigate from the Sites.
6. Advertisements and Promotions; Third-Party Products and Services
Continental Mills may display advertisements and promotions from users and other
third parties on the Sites or may otherwise provide information about or links to
third-party products or services. Your business dealings or correspondence with,
or participation in promotions of, such third parties, and any terms, conditions,
warranties or representations associated with such dealings or promotions are solely
between you and such third party. Continental Mills is not responsible or liable
for any loss or damage of any sort incurred as the result of any such dealings or
promotions or as the result of the presence of such non-Continental Mills advertisers
or third party information on the Sites.
You can submit recipes, questions, comments, feedback, suggestions, ideas, plans,
notes, drawings, original or creative materials or other information about Continental
Mills, the Sites or our products (collectively, "Submissions"). Submissions, whether
posted to the Sites or provided to Continental Mills by email or otherwise, are
non-confidential and shall become the sole property of Continental Mills. Continental
Mills shall own exclusive rights, including all intellectual property rights, and
shall be entitled to the unrestricted use and dissemination of Submissions for any
purpose, commercial or otherwise, without acknowledgment or compensation to you.
You agree to defend, indemnify and hold harmless Continental Mills, its independent
contractors, service providers and consultants, and their respective directors,
employees and agents, from and against any claims, damages, costs, liabilities and
expenses (including, but not limited to, reasonable attorneys' fees) arising out
of or related to (a) your use of the Site; (b) any Submission you provide; (c) your
violation of these Terms; (d) your violation of any rights of another; or (e) your
conduct in connection with the Sites.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY CONTINENTAL MILLS,
THE SITES AND SITE MATERIALS ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED. CONTINENTAL MILLS DISCLAIMS ALL OTHER WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION,
CONTENT AND MATERIALS ON THE SITE. CONTINENTAL MILLS DOES NOT REPRESENT OR WARRANT
THAT MATERIALS ON THE SITES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.
WHILE CONTINENTAL MILLS ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITES SAFE,
CONTINENTAL MILLS CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITES OR ITS
SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD
USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
10. Limitation of Liability
IN NO EVENT SHALL CONTINENTAL MILLS, ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE
FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES
OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF
DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE)
OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY
TO USE THE SITES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH
THE SITES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM
RELIANCE ON ANY INFORMATION OBTAINED FROM CONTINENTAL MILLS, OR THAT RESULT FROM
MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS,
VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER
OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR
UNAUTHORIZED ACCESS TO CONTINENTAL MILLS' RECORDS, PROGRAMS OR SERVICES. IN NO EVENT
SHALL THE AGGREGATE LIABILITY OF CONTINENTAL MILLS, WHETHER IN CONTRACT, WARRANTY,
TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY,
STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY
TO USE THE SITES EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO CONTINENTAL MILLS FOR
ACCESS TO OR USE OF THE SITES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF
LIABILITY IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THESE LIMITATIONS OF LIABILITY
MAY NOT APPLY TO YOU.
11. Modifications to the Sites
Continental Mills reserves the right to modify or discontinue, temporarily or permanently,
the Sites, or any features or portions thereof, without prior notice. You agree
that Continental Mills will not be liable for any modification, suspension or discontinuance
of the Site, or any part thereof.
12. Applicable Law and Venue
These Terms and your use of the Sites shall be governed by and construed in accordance
with the laws of Washington, without resort to its conflict of law provisions. You
agree that any action at law or in equity arising out of or relating to these Terms
shall be filed only in the state and federal courts located in King County, Washington
and you hereby irrevocably and unconditionally consent and submit to the exclusive
jurisdiction of such courts over any suit, action or proceeding arising out of these
Continental Mills reserves the right, without notice and in its sole discretion,
to terminate your license to use the Sites and to block or prevent your future access
to, and use of, the Sites.
If any provision of these Terms shall be deemed unlawful, void or for any reason
unenforceable, then that provision shall be deemed severable from these Terms and
shall not affect the validity and enforceability of any remaining provisions.