Terms of Use

Last Updated: 10/28/2025

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE YOU START USING ANY OF THE SITES, INCLUDING THE MANDATORY ARBITRATION PROVISION IN SECTION 17. BY ACCESSING OR USING ANY OF THE SITES (AS DEFINED BELOW), INCLUDING MAKING ANY PURCHASES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND ALL DOCUMENTS INCORPORATED BY REFERENCE, INCLUDING OUR PRIVACY POLICY (FOUND AT HTTP://WWW.THEKRUSTEAZCOMPANY.COM/PRIVACY). IF YOU DO NOT AGREE TO  THE TERMS OF USE AND ALL DOCUMENTS INCORPORATED BY REFERENCE, DO NOT ACCESS OR USE THE SITES.

These Terms of Use and the documents they expressly incorporate by reference (together, the “Terms”) apply to your access to, and use of, the websites (each, a “Site”) owned and operated by Continental Mills, Inc., dba The Krusteaz Company and any of its subsidiaries and affiliated companies, including but not limited to WildRoots Foods LLC, SC Foods Holdings, Inc., and Sun Country Foods, Inc. (collectively, “Krusteaz Company,” “we”, “our” or “us”). Any individual using the Sites on behalf of an entity is also referred to herein as a “Representative.”

The Terms do not alter the terms or conditions of any other agreement you may have with Krusteaz Company for products, services or otherwise. 

Krusteaz Company reserves the right to change or modify the terms and conditions contained in the Terms or any policy or guideline related to your use 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 or, if applicable, your Representatives’, continued use of the Sites will confirm your acceptance of such changes or modifications; therefore, you should frequently review the Terms to understand the terms that apply. If you do not agree to the amended Terms, you and your Representatives must stop using the Sites. Any use of the Sites in violation of the Terms may result in, among other things, termination or suspension of your right to use the Sites.

If you have any questions regarding the Sites, please contact Krusteaz Company by emailing [email protected].

1. Privacy Policy

Please refer to our Privacy Policy for information about how Krusteaz Company collects, uses, and discloses personally identifiable information from its users.

2. Terms of Sale

Certain products may be available for sale through a Site (“Products”). Products may be sold, and orders may be fulfilled, by Krusteaz Company or a third party service provider. These Products may have limited quantities or minimum quantity requirements. Product orders are subject to the Terms and our Refund Policy. Products are subject to return or exchange only according to our Refund Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

Our products are available for sale only in the United States. We reserve the right, but are not obligated, to limit the sales of our Products to any person, entity, or geographic region, subject to applicable law. We may exercise this right on a case-by-case basis. We also reserve the right to limit the quantities of any Products that we offer. All descriptions of Products or Product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any Product at any time. Any offer for any Product made on the Sites is void where prohibited.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, per entity, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt, but have no obligation, to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors. If you are interested in becoming a dealer, reseller, or distributor of any of our products, you can contact us at [email protected]

You agree to provide current, complete, and accurate purchase and account information for all purchases made on the Sites. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

3. Eligibility, Registration and Account

The Sites are for use by individuals for their personal use or as representatives of an entity. By accessing or using the Sites, whether for your personal use or as a Representative, you: (a) acknowledge and agree that the term “you” as used herein includes you or, if applicable, the entity that you represent; (b) represent and warrant that you are a resident of the United States and at least 18 years old; (c) represent and warrant that you are authorized to grant all permissions and licenses granted by you in the Terms; (d) accept the Terms on your own behalf or, if applicable, on behalf of the entity that you represent. Additionally, if you are using the Sites on behalf of an entity, you represent and warrant that you have the authority to bind the entity you represent to the terms of the Terms, and you acknowledge that such entity will be responsible to Krusteaz Company if you or any other Representative using the Sites violate the Terms. 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 the Terms. In order to access certain areas and features of some of our Sites, you or your Representatives may need to register for an account. You will and will ensure your Representatives: (a) provide accurate, truthful, current and complete information when creating an account; (b) maintain and promptly update the account information; (c) maintain the security of the account by not sharing your password with others and restricting access to your account and your computer; (d) promptly notify Krusteaz Company if you discover or otherwise suspect any security breaches related to the Sites; and (e) take responsibility for all activities that occur under your and your Representatives’ accounts and accept all risks of unauthorized access, including in connection with your Representatives’ acts and omissions.

4. Krusteaz Company Content; Copyright and Limited License

The information presented on or through the Sites, including information contained in videos, pictures, and other media, and User Content (as defined below), is made available solely for general informational purposes. Unless otherwise indicated, the Sites and all content and other materials on the Sites, including, without limitation, the Krusteaz Company Marks (as defined below) 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 Krusteaz Company or its licensors or users and are protected by U.S. and international copyright and trademark laws.

You are granted a limited, non-sublicensable license to access and use the Sites and Site Materials; however, such license is subject to the 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 Krusteaz Company, 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 the Terms will be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.

5. Trademarks

“CONTINENTAL MILLS,” “KRUSTEAZ,” “ALPINE,” “ALBERS,” “WILDROOTS,” “KRETSCHMER,” “BUCK WILD,” the Krusteaz Company logo and any other trademarks, product or service name or slogan contained on the Sites (together, the “Krusteaz Company Marks”) are trademarks of Krusteaz Company and its suppliers or licensors and may not be copied, imitated or used, in whole or in part, without the prior written permission of Krusteaz Company or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing the “Krusteaz Company Marks” 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 Krusteaz Company 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.

6. User Content and Interactive Areas

The Sites include interactive areas or services (“Interactive Areas”), in which you, your Representatives, or other users may create, post, send or store reviews, messages, photos, text and other materials (collectively, “User Content”). 

You represent and warrant that for any User Content that you or your Representative submit to any of the Sites: (a) such User Content is non-confidential; (b) you own and control all of the or otherwise have all necessary rights to post such User Content to the Sites; (c) the User Content is accurate and not misleading or harmful in any manner; and (d) the User Content, and posting thereof in connection with the Sites, does not and will not violate the Terms or any applicable law, rule or regulation. You understand and acknowledge that you are responsible for any User Content submitted or contributed by you and your Representatives, and you, not Krusteaz Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. You understand that certain User Content you and your Representatives choose to post in an Interactive Area may be displayed publicly or to select users.

By using the Sites, you will not and will ensure your Representatives do not post, upload, transmit, distribute, store, create or otherwise publish or send through the Sites any User Content that:

  • is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, abusive, inflammatory, fraudulent, false, misleading, or otherwise objectionable;
  • would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any applicable law or regulatory guidance (for example, Federal Trade Commission guides concerning use of endorsements and testimonials in advertising);
  • may infringe any patent, trademark, trade secret, copyright, or other proprietary right of any party;
  • contains or depicts any statements, remarks, or claims that do not reflect your honest views and experiences;
  • contains private or personal information of a third party without such third party’s consent;
  • contains any unsolicited promotions, political campaigning, advertising, or solicitations;
  • misrepresents your identity or affiliation with another person or entity;
  • contains viruses, corrupted data or other harmful, disruptive, or destructive files; or
  • in our sole judgment, is objectionable, restricts or inhibits any other person from using or enjoying our Products or Sites, or may expose Krusteaz Company or others to any harm or liability of any type.

Krusteaz Company does not control, take responsibility for or assume liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto. When you participate in Interactive Areas, you understand that certain User Content you choose to post may be displayed publicly or to select users. 

You hereby grant Krusteaz Company a perpetual, nonexclusive, royalty-free, worldwide, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display your and your Representatives’ User Content to any of the Sites, in any media formats and channels now known or later developed without compensation to you, including in connection with Krusteaz Company’s marketing and promotional activities. You further hereby grant Krusteaz Company and Krusteaz Company’s sublicensees the right to use the name that you and, if applicable, your Representatives, submit in connection with User Content, if they choose.

You and your Representatives can submit recipes, questions, comments, feedback, suggestions, ideas, plans, notes, drawings, original and creative materials, and other information about Krusteaz Company, the Sites or our products (collectively, “Feedback”) whether online, by email, by postal mail or otherwise. Feedback, whether posted to the Sites or provided to Krusteaz Company by email or otherwise, is non-confidential and will become the sole property of Krusteaz Company. You hereby assign to Krusteaz Company all right, title, and interest in, and Krusteaz Company is free to use, without any attribution or compensation to any party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever, although Krusteaz Company is not required to use any Feedback. 

The Terms do not create any private right of action on the part of any third party or any reasonable expectation or promise that the Sites will not contain any content that is prohibited by the Terms. Although Krusteaz Company has no obligation to screen, edit or monitor any of the User Content posted on the Sites, Krusteaz Company reserves the right, and has absolute discretion, to monitor, remove, screen or edit any User Content posted or stored on the Sites at any time and for any reason without notice, and you are solely responsible for creating backup copies and replacing any User Content you and your Representatives post or store on the Sites at your sole cost and expense.

7. Acceptable Use of the Sites

You agree that your use and your Representatives’ use, of the Sites will not violate any law, contract, intellectual property, or other third-party right or constitute a tort, and that you are solely responsible for your conduct and the conduct of your Representatives while on the Sites. You further agree that you will not, and you will ensure that your Representatives do not:

  • Use the Sites in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Sites, or that could damage, disable, overburden, or impair the functioning of the Sites in any manner;
  • Engage in any discriminatory, defamatory, hateful, harassing, abusive, obscene, threatening, physically dangerous, or otherwise objectionable conduct;
  • Attempt to indicate in any manner that you have a relationship with Krusteaz Company or that Krusteaz Company has endorsed you or any products or services for any purpose;
  • Send any unsolicited or unauthorized advertising, solicitations, promotional materials, spam, junk mail, chain letters or pyramid schemes, or harvest or collect the email addresses or other contact information of other users from the Sites;
  • Attempt to reverse engineer any aspect of the Sites or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content, or code of the Sites (except as otherwise expressly permitted by law);
  • Use or attempt to use another’s account without authorization from such user and Krusteaz Company;
  • Develop any third-party applications that interact with User Content or the Sites without Krusteaz Company’s prior written consent; or
  • Use any robot, iframe, spider, crawler, scraper or other automated means or interface not provided by Krusteaz Company to access the Sites, including, without limitation, for the purpose of copying, extracting, aggregating, displaying, publishing, or distributing any content or data made available via the Sites.

8. Hyperlinks

You are granted a limited, non-exclusive right to create a text hyperlink to any of the Sites for commercial and noncommercial purposes, provided such link does not portray Krusteaz Company or its products in a false, misleading, derogatory, or otherwise defamatory manner, or in any way to suggest any form of affiliation, association, approval, or endorsement by Krusteaz Company, you do not use the hyperlink to sell any Krusteaz Company products directly unless you have entered into a written agreement with Krusteaz Company to do so, 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 Krusteaz Company Mark or other proprietary graphic of Krusteaz Company to link to the Sites without the express written permission of Krusteaz Company. Further, you may not use, frame, or utilize framing techniques to enclose any Krusteaz Company Marks 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 Sites without Krusteaz Company’s 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 Krusteaz Company or any third party.

9. Third-Party Content

Krusteaz Company may display content, including advertisements and promotions from third parties on the Sites or may otherwise provide information about or links to third-party products or services. Such content and sites are not under the control of Krusteaz Company and Krusteaz Company 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 third-party websites linking to the Sites, or any review, changes, or updates to any third-party sites. Krusteaz Company and its users may provide these links as a convenience to you, but the inclusion of any link does not imply affiliation, association, approval, or endorsement by Krusteaz Company of any site or any information contained therein. When you visit other sites via links or embedded content, you should understand that Krusteaz Company’s terms and policies no longer govern and that the terms and policies of those third-party sites will 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.

Furthermore, 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. Krusteaz Company 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-Krusteaz Company advertisers or third-party information on the Sites.

10. Copyright Complaints

Krusteaz Company respects the intellectual property of others. Please refer to our Copyright Policy for information about how Krusteaz Company responds to notices of alleged copyright infringement.

11. Contests, Sweepstakes and Other Promotions

Krusteaz Company may administer, operate or run contests, sweepstakes, and other promotions (collectively, “Promotions”) on the Sites and may also advertise and allow participation in Promotions via other methods (including, without limitation, in-person or direct mail). Each Promotion has its own official rules, which will be made available to you. Your eligibility for and participation in a Promotion is subject to and governed by the official rules for the Promotion. You must read and agree to the official rules for any Promotion before you participate in the Promotion. In the event of any conflict or inconsistency between the Terms and the official rules for a Promotion, the official rules for a Promotion will control.

12. Indemnification

To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless Continental Mills, Inc., its subsidiaries and affiliates, and each of our 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 your and your Representatives’ (a) use of the Sites; (b) User Content or Submission; (c) violation of the Terms; (d) violation, misappropriation or infringement of any rights of another; or (e) conduct in connection with the Sites. You agree to promptly notify Krusteaz Company of any Claims, cooperate with Krusteaz Company in defending such Claims and agree that Krusteaz Company will have control of the defense or settlement, at Krusteaz Company’s sole option, of any Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Krusteaz Company.

13. Errors; Disclaimer

Occasionally there may be information on our Sites that contains typographical errors, inaccuracies, or omissions that may relate to Product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information on a Site is inaccurate at any time without prior notice (including after you have submitted an order to purchase Products). We undertake no obligation to update, amend or clarify information in the Sites, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in a Site should be taken to indicate that all information in the Site has been modified or updated.

14. Warranties

WE DO NOT WARRANT THAT THE QUALITY OF ANY PRODUCTS PURCHASED OR OBTAINED BY YOU WILL MEET YOUR EXPECTATIONS.

WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SITES, PRODUCTS AND SITE MATERIALS ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY KRUSTEAZ COMPANY. KRUSTEAZ COMPANY 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 SITES, PRODUCTS AND SITE MATERIALS. KRUSTEAZ COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SITES OR SITE MATERIALS ARE ACCURATE, COMPLETE, USEFUL, RELIABLE, CURRENT OR ERROR-FREE, OR THAT ACCESS TO THE SITES WILL BE UNINTERRUPTED. WHILE KRUSTEAZ COMPANY ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SITES AND SITE MATERIALS SAFE, KRUSTEAZ COMPANY 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.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

15. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL KRUSTEAZ COMPANY OR ANY OF ITS AFFILIATES OR SUBSIDIARIES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS (THE “KRUSTEAZ COMPANY PARTIES”), BE LIABLE FOR ANY 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, PRODUCTS OR SITE MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM KRUSTEAZ COMPANY, 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 KRUSTEAZ COMPANY’S RECORDS, PROGRAMS OR SERVICES. NOTWITHSTANDING THE ABOVE, IF KRUSTEAZ COMPANY OR ANY OF THE KRUSTEAZ COMPANY PARTIES IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF YOUR USE OF A SITE, IN NO EVENT WILL THE AGGREGATE LIABILITY OF KRUSTEAZ COMPANY OR ANY OF THE KRUSTEAZ COMPANY PARTIES, 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 THE LESSER OF (I) $100.00, AND (II) TOTAL AMOUNTS YOU PAY, IF ANY, IN THE THREE (3) MONTHS BEFORE THE FIRST EVENT GIVING RISE TO SUCH LIABILITY. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

16. Modifications to the Sites

Krusteaz Company reserves the right to modify or discontinue, temporarily or permanently, the Sites, or any features or portions thereof, without prior notice. You agree that Krusteaz Company will not be liable for any modification, suspension, or discontinuance of any of the Sites, or any part thereof. Any of the material on the Sites may be out of date at any given time, and we are under no obligation to update such material.

17. Arbitration

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES WITH KRUSTEAZ COMPANY AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM KRUSTEAZ COMPANY.

Except for small claims disputes in which you or Krusteaz Company seek to bring an individual action in small claims court located in the county of your billing address, or disputes in which you or Krusteaz Company seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, YOU AND KRUSTEAZ COMPANY WAIVE YOUR RIGHTS TO A JURY TRIAL AND TO HAVE ANY DISPUTE ARISING OUT OF OR RELATED TO THE TERMS OR OUR SITES, PRODUCTS OR SITE MATERIALS RESOLVED IN COURT. Instead, all disputes arising out of or relating to the Terms or our Sites, Products or Site Materials will be resolved through confidential binding arbitration held in  the county in which you reside, in accordance with the Streamlined Arbitration Rules and Procedures (“Rules”) of the Judicial Arbitration and Mediation Services (“JAMS”), which are available on the JAMS website and hereby incorporated by reference. You either acknowledge and agree that you have read and understand the Rules or waive your opportunity to read the Rules and any claim that the Rules are unfair or should not apply for any reason. YOU AND KRUSTEAZ COMPANY AGREE THAT ANY DISPUTE ARISING OUT OF OR RELATED TO THE TERMS OR OUR SITES, PRODUCTS OR SITE MATERIALS IS PERSONAL TO YOU AND KRUSTEAZ COMPANY AND THAT ANY DISPUTE WILL BE RESOLVED SOLELY THROUGH INDIVIDUAL ARBITRATION AND WILL NOT BE BROUGHT AS A CLASS ARBITRATION, CLASS ACTION OR ANY OTHER TYPE OF REPRESENTATIVE PROCEEDING.

You and Krusteaz Company agree that the Terms affect interstate commerce, and that the enforceability of this Section 17 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, the Terms and the Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by the Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding, or preside over any proceeding involving more than one individual. You and Krusteaz Company agree that for any arbitration you initiate, you will pay the filing fee and Krusteaz Company will pay the remaining JAMS fees and costs. For any arbitration initiated by Krusteaz Company, Krusteaz Company will pay all JAMS fees and costs. If the arbitrator determines the claim you assert in the arbitration to be frivolous, you agree to reimburse Krusteaz Company for all fees and costs associated with the arbitration that have been paid by Krusteaz Company on your behalf that you otherwise would have been obligated to pay under the Rules. You and Krusteaz Company agree that the state or federal courts in King County, Washington have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.

Any claim you or Krusteaz Company may have arising out of or related to the Terms, or our Sites, Products or Site Materials must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and Krusteaz Company will not have the right to assert the claim.

You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section 17 by writing to [email protected]. To be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. If you opt out of binding arbitration, or if this agreement to arbitrate disputes is otherwise found by an arbitrator or court not to apply to you or your particular dispute, you agree that the dispute will be resolved in accordance with Section 18.

18. Applicable Law and Venue

The Terms and your use of the Sites will 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 the Terms that is not subject to mandatory arbitration in accordance with Section 17 will be filed only in the state and federal courts located in King County, Washington and you and Krusteaz Company hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any such suit, action or proceeding arising out of the Terms.

19. Termination

Krusteaz Company 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.

20. Severability; Waiver

If any provision of the Terms is deemed unlawful, void or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. No waiver by Krusteaz Company of any term or condition set out in the Terms will be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Krusteaz Company to assert a right or provision under the Terms will not constitute a waiver of such right or provision.

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