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Terms of Service

Kirby Foods, Inc. Terms of Service

By using the Kirby Foods ("Kirby Foods" or “us” or “we”) web site, the Kirby Foods subscription and any related Kirby Foods products and services (each of which we will refer to as "Service"), the Subscriber (“you”) is acknowledging and agreeing to be bound by the following terms and conditions ("Terms of Service").

We reserve the right to update and change the Terms of Service from time to time without notice. Your use of a Service after any such changes constitutes your consent to the changes.

Any new features that augment or enhance the current Service, Including the release of new tools and resources, will be subject to these Terms of Service. You can review the most current version of the Terms of Service at any time at www.kirbyfoodsiga.com

Violation of any of the terms below will be grounds for our immediate termination of your Service.

Your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis.

Use of the Service

You must be at least 18 years old.

You agree not to make any commercial use of the Service.

You must be a human. We don’t permit services registered by "bots" or other automated methods.

You must provide correct and valid information to complete the signup process.

Your login to the Service may only be used by one person. We do not permit a single Service shared by multiple people.

You are responsible for maintaining the security of your Service login and password. We will not be liable for any loss or damage from your failure to comply with this security obligation.

You are responsible for all content posted and activity that occurs under your Service.

You agree to notify us immediately by emailing us at contact@kirbyfoods.com if you become aware of any unauthorized use of the Service or any breach of confidentiality with your password.

You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.

We have the option but not the obligation to delete your Service if you do not access it for more than 90 days.

Except as expressly permitted in these Terms of Service, you may not reproduce, modify or prepare derivative works based upon, publish, distribute, sell, transfer, publicly display, transmit, post, or otherwise use our Website or the Content. You agree that you will not use any robot, spider, scraper, scripts, or other similar automated data gathering or extraction tools, program, algorithm, or methodology to access, acquire, copy, or monitor our Service, or any portion thereof.

Cancellation and Termination

Kirby Foods, Inc. reserves the right to refuse service to anyone for any reason at any time.

You may cancel your service through a validated email or confirmed phone request.  You are solely responsible for properly canceling your Service by contacting us.

We will delete all of your content from the Service immediately upon cancellation. We cannot recover this information once your Service is cancelled.

We have the right, in our sole discretion, to suspend or terminate your Service and refuse any and all current or future use of the Service, or any other Kirby Foods service, for any reason at any time without notice. Such termination of the Service will result in the deactivation or deletion of your Service or your access to your Service, and the forfeiture and relinquishment of all content in your Service.

Cancellation, suspension or termination of your Service does not terminate these Terms of Service.

Modifications to the Service and Prices

We reserve the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part of it) with or without notice.

We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Copyright and Content Ownership

We claim all intellectual property rights, including copyright, for material on the Service or posted to the Service unless the material is copyrighted by a Third Party Service.  As between you and us, title, ownership and all patent, copyright, trademark and other intellectual property rights in and to the Service belong to us. You agree to abide by the intellectual property law and all other applicable state, federal and international law. You may not scrape, duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from Kirby Foods.

Your profile and subscriptions to other third party services remain yours and you are responsible to comply with any terms of service, copyright, content ownership, content usage or other rights of third party services to which you have linked from the Service.

Kirby Foods does not pre-screen content. Kirby Foods has the right, but not the obligation, in its sole discretion to refuse or remove any links or content available through the Service.

Third Party Internet Web Sites

We may from time to time provide links and pointers to Internet sites maintained by our affiliates or other third parties ("Third Party Sites") and may from time to time provide third party material on this web site. These Third Party Sites and third party materials are provided as a convenience only. We have not reviewed, and do not operate or control in any respect, any information, products or services available on Third Party Sites, and we are not responsible for any information provided at any Third Party Sites. We make no representations and provide no warranties whatsoever concerning Third Party Sites, and the fact that we have provided a link to any Third Party Site on this web site is not our endorsement, authorization, sponsorship or affiliation with respect to such Third Party Site or its owners or providers or any products or services mentioned or offered at the Third Party Site. We expressly disclaim any responsibility for the content, the accuracy of the information and/or quality of products or services provided by, advertised on, or sold through, all Third Party Sites.

No Warranties

Kirby Foods does not warrant that (i) the Service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, and (v) any errors in the Service will be corrected.

You expressly understand and agree that Kirby Foods shall not be liable for any direct, indirect, Incidental, special, consequential or exemplary damages, Including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages) resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Service; (v) violation of the terms of service, copyright, or other rights of third party services you may link to with your account, (vi) or any other matter relating to the Service.

You agree to indemnify, hold harmless and defend Kirby Foods, its contractors, its licensors, and the respective directors, officers, employees and agents of each, at your expense, from and against any and all third-party claims, actions, proceedings, and suits and expenses, Including attorneys' fees, arising from your use of Kirby Foods, its products and services, and the Kirby Foods website, Including but not limited to your violation of this Terms of Service.

We reserve the right to change or discontinue the Services with or without notice to you. We shall not be liable to you or any third party should we exercise our right to change or discontinue any Services. You acknowledge and accept that we do not guarantee continuous, uninterrupted, or secure access to the Service, and operation of the Service may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

Other Important Conditions

You understand that Kirby Foods uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.

You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service or Kirby Foods.

You may not abuse or threaten abuse or retribution toward any of our customers, employees, agents, or officer.

You understand that the technical processing and transmission of the Service, Including your content and links to other services, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You may not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages.

You may not transmit any worms or viruses or any code of a destructive nature.

If your bandwidth usage (as determined solely by us) exceeds the average bandwidth usage of our other customers, we reserve the right to immediately disable your account or throttle your bandwidth until you can reduce your bandwidth consumption.

Our failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Kirby Foods and govern your use of the Service, superseding any prior agreements between you and Kirby Foods (Including, but not limited to, any prior versions of the Terms of Service or any verbal or oral commitments).

We may involve and cooperate with law enforcement authorities in prosecuting users who violate Applicable Laws. You acknowledge that we have the right, but not the obligation, to monitor your access and use of the Service for the purposes of operating our Service, ensuring your compliance with these Terms and Conditions, or to comply with Applicable Laws or the order or requirement of a court, administrative agency, or other governmental body.

Governing Jurisdiction of the Courts

These Terms and Conditions, and your relationship with us under these Terms and Conditions, shall be governed by the laws of the State of Illinois as such laws apply to agreements entered into and to be performed entirely within Illinois between Illinois residents and without regard to conflict or choice of laws provisions. You agree that any dispute, suit, action, or proceeding with us, or our officers, directors, employees, predecessors, successors, assigns, agents, or affiliates, arising under or in relation to these Terms shall be resolved exclusively through the Illinois Circuit Court in the County of Champaign, Illinois, except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case we may seek such relief in any court with jurisdiction over the parties.

Notification of Claimed Copyright Infringement

If you believe any content on our website infringes your copyright, you should send notice of copyright infringement to our Copyright Agent. Your notice must meet the requirements of the Digital Millennium Copyright Act (as required under 17 U.S.C. § 512) by providing the following information:

    * An identification of the copyrighted work claimed to have been infringed;

    * An identification of the material that you claim is infringing so that we may locate it on our Website;

    * Your address, telephone number, and email address;

    * A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

    * A statement by you that the above information in your notice is accurate, made under penalty of perjury, and that you are authorized to act on behalf of the owner of the copyright interest involved;

    * Your signature

The notice should be mailed to:

Copyright Agent
Kirby Foods, Inc.
4102 B Fieldstone Rd
Champaign, IL. 61822

or sent via email to contact@kirbyfoods.com

Upon receipt of notice as described above, we will take whatever action, in our sole discretion, we deem appropriate, including the possible removal of the challenged content from our website.

Questions about the Terms of Service should be sent via email to contact@kirbyfoods.com.

This policy was Posted on 1/13/2017 and is effective immediately. 

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