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Terms of service

Website Terms of Use

General

Kettle and Fire, Inc. (“Kettle & Fire”) is pleased to give you access to this website (the “Site"), free of charge. Your use of the Site, and all information, products and services on this Site or otherwise made available by or on behalf of Kettle & Fire in conjunction with the Site (collectively, the "Services") are subject to the binding legal terms set forth below ("Terms"). You understand we may update these Terms from time to time without giving you any notice. Unless we let you know by giving you notice, any new features or updated Services will be subject to these Terms. BY USING THE SERVICES, YOU AGREE TO EACH OF THE TERMS SET FORTH BELOW. IF YOU DO NOT AGREE WITH ANY TERM OR CONDITION SET FORTH BELOW, DO NOT USE THE SERVICES FOR ANY PURPOSE. The Services may contain links to other Websites. Your use of such other Websites is subject to the terms of use, if any, contained within each such Website. In addition, your purchase of products contained on the Site or other websites may be subject to additional terms and conditions. For avoidance of doubt, Kettle & Fire does not sell personally identifiable information to third parties.

Privacy

Any information that we may collect from you during your use of the Services is subject to our Privacy Policy. We encourage you to read and understand our Privacy Policy which can be accessed at https://www.kettleandfire.com/pages/privacy-policy. 

Registration

If you decide to become a registered user of the Services, you will be asked to give us some information about yourself. If you are not registered with us, please register and become eligible for our enhanced membership benefits. During the registration process, you agree to give us true, accurate and complete information about yourself, and to promptly update this information when it changes. If you do not update it, we may suspend or terminate your use of the Services as explained below. Any personal information that you provide to us is subject to the terms of our https://www.kettleandfire.com/pages/privacy-policy.

Account Information and Password Protection

When you register, you will be assigned your email address as your user name and you will select a password so that you can access your account with us. You agree that you will keep this information confidential. You are completely responsible for maintaining the confidentiality of your password and for all activities undertaken with your account and password. You agree to log off of the Services at the end of each session to prevent fraud on your account by third parties. If you think there has been unauthorized use of your account or password, you agree to immediately notify Kettle & Fire and cooperate with us to resolve it. You understand that if you do not follow the terms of this paragraph, we may suspend or terminate your use of the Services as explained below. You understand that we are not responsible in any way, and will not be liable to you or to any third person, if you do not comply with the terms of this paragraph.

How You Can Use the Services

Except where otherwise indicated, you may use the Services for your personal, non-commercial use. You may make a single copy of the individual screens you see when you use the Services, but only for your personal, non-commercial use, and not for further distribution or transfer to others. You may not-and agree not to-modify, reformat, copy, display, distribute, transmit, publish, license, create derivative works from, transfer or sell any information, products or services obtained from the Services, except as set forth in this Agreement.

Collection of Your Personal Information

We may collect certain non-personal and personally identifiable information from you when you visit or access the Services, including information you provide to us and information we collect automatically during your visit.

Registration-- You may be required to register on the Services to use some of the resources available through the Services. We collect your personal information that you provide when you register, including, for instance, your name, address, e-mail address, a password, and phone number.

 

Optional Information-- You may choose to provide information voluntarily at various other points during your use of the Services, for example, if you decide to include "favorite" images or other content in your profile, if you decide to participate in a survey or a contest available on the Services, or if you decide to submit reviews, ratings, comments, feedback, or other user-submitted information that is submitted for publication on the Services or for distribution to our other websites and online services or to websites and online services of our business partners. You agree that these types of user-submitted information may be publicly displayed and may be freely shared and otherwise transferred by us. Use of these types of features of the Services that require you to provide additional information is completely voluntary on your part, and you may choose whether to disclose the information necessary to use these features of the Services.

Use of Your Personal Information 

KETTLE & FIRE uses your personal information we collect from and about you for a variety of purposes, including to:

    • provide Services to you;
    • develop and improve new and existing Services;
    • make recommendations and customize the Services to your interests and enhance your overall experience;
    • conduct analytics to more effectively provide you with the Services, including new products;
    • combine this information with other information about you to supplement your user profile and to better provide you with Services;
    • send you free informational newsletters or notices relating to topics which may be of special interest to you;
    • perform internal business processes, such as analyzing data, conducting market research, and identifying trends or patterns;
    • deliver relevant and customized advertising to you (see Targeted Advertising, below for more information);
    • comply with applicable law; and/or
    • combat fraud.

     

    SHARING OF INFORMATION

    By agreeing to use the Services you agree that we may share your personally identifiable information with third parties solely for the following purposes:

      • with our affiliates;
      • with our third party service providers to perform the Services;
      • with third parties, to the extent you direct us to do so; and
      • as required by law or based on our good faith belief it is necessary or appropriate.

      Out of respect for the privacy of our users, we present the option to opt-out of receiving newsletters and/or commercial e-mails whenever such messages are sent by KETTLE & FIRE, as described below. E-mail messages from third parties are not governed by the opt-out provisions of this Privacy Policy, but all such third parties are strongly encouraged to include opt-out procedures in their messages to you.

      KETTLE & FIRE will not knowingly share, sell, rent, or otherwise transfer your information other than in accordance with these Terms of Services or the terms set forth in the Privacy Policy. For avoidance of doubt, Kettle & Fire does not sell personally identifiable information to third parties.

      No License Granted

      Except for allowing you to use the Services for your personal use as set forth in the paragraph above, when you use the Services you are not receiving a license or any other rights from us, including intellectual property or other proprietary rights of KETTLE & FIRE, KETTLE & FIRE, or any of their affiliates. YOU UNDERSTAND THAT YOU HAVE NO RIGHTS TO THE SERVICES OR ANY OTHER KETTLE & FIRE PROPERTY EXCEPT AS INDICATED IN THIS AGREEMENT.

      Protecting Children

      The safety of children is very important to us. The Site is a general audience website that complies with the Children's Online Privacy Protection Act. When a child under age 13 attempts to register with the Site, we ask that they have a parent or guardian establish an account. This is to ensure that the parent or guardian consents to the collection and use of personally identifying information from that child. If a parent wishes to refuse to permit further collection or use of their child's information by KETTLE & FIRE, that parent can send an e-mail to us at support@kettleandfire.com to request deletion of their child's account.

      KETTLE & FIRE strives to create a truly safe place for children on the Internet and over the airwaves. Parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist parents in limiting access to content that may be harmful to minors.

      User Content

      In some parts of our Services, you may be able to participate in surveys, provide ratings, or reviews, post comments or questions, or otherwise contribute content for us to use and display through the Services. Your contributions may include information and materials of various kinds, including text, graphics, audio/video recordings, ratings, reviews, surveys, responses, feedback, questions, comments, and similar content ("User Content"). If you do so, you guarantee to us that:

      • You have legal rights to post, share or contribute the User Content and it will not violate any law or the rights of any person;
      • The User Content you post or share is, to the best of your knowledge accurate;
      • You are entirely responsible for all User Content you upload, post, e-mail, transmit or otherwise make available by and/or through the Services; and

      Additionally, you agree that:

      1. By posting User Content you give us the royalty-free, irrevocable, perpetual, worldwide right to allow other people to use the User Content as described in these Terms; and to use, distribute, modify, display, publicly perform, publish, syndicate, and create derivative works from this User Content, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you;
      2. We do not screen, monitor, edit or review User Content. We do have the right, in our sole discretion, to monitor or remove any User Content at any time and without notice if we believe it will improve our Services. We can also suspend or terminate use of the Services by anyone who does not follow these Terms.

      Conduct of Registered Users and Visitors

      We believe that all registered users and visitors benefit from basic rules regarding conduct while using any of the chat room, bulletin board, e-mail, messaging or discussion area Services, if offered, so that everyone feels free to share opinions and ideas. The free flow of ideas is jeopardized when a few individuals act irresponsibly. To help everyone have a positive experience, we ask, and you agree, to follow the following basic rules of conduct when using the Services:

      1. You will follow these Terms and all applicable laws;
      2. You will never give your password to anyone (no KETTLE & FIRE employee will ever ask for it) and you will not provide your billing or credit information except to make a purchase;
      3. You will not harass, threaten or abuse other people when using the Services in any manner;
      4. You will not interfere with others' use of the Site, including by interrupting other users' sessions, scrolling down (automatically or manually) to make it difficult for them, or otherwise act in a way that negatively affects other users' enjoyment of the Services;
      5. You will not upload, post, e-mail, or otherwise make available any User Content that is obscene or may be hateful or offensive on racial, ethnic, sexual or any other grounds; is harmful, vulgar or distasteful; or is defamatory, libelous, or invades another person's privacy or proprietary rights, including any patent, trademark, trade secret, or copyrights of any party;
      6. You will not attempt to harvest any screen names of e-mail addresses for any commercial use;
      7. You will not collect or store personal information about any other individual on the Services, or otherwise stalk, repeatedly contact or harass another user;
      8. You will not impersonate any other person or misrepresent a relationship with any person or entity, including misrepresenting a relationship with KETTLE & FIRE; similarly, you will not adopt a false identity if the purpose of doing so is to deceive or defraud another;
      9. You will not use the Services to harm minors in any way, or encourage interactions with minors of a sexual nature;
      10. You will not manipulate the Services so as to hide your identity or participation in Services (by using another person's identity, changing headers, or otherwise modifying any other possible identifier);
      11. You will not post any User Content that contains any viruses, cancel bots, Trojan horses, harmful code, or other computer programs or code designed to interrupt the Services we provide, users' ability to enjoy the Services, or the proper functioning of any software, hardware or equipment or materials used in connection with the Services; and
      12. You will not send any bulk unsolicited advertising, promotional information, e-mail or other solicitation (including without limitation junk mail, "spam," chain letters or pyramid schemes of any sort) to any person through the use of the Services, except in areas that specifically authorize you to do so (auction forums, for instances).

       

      Please report any violations of these Terms to support@kettleandfire.com.

      If you violate any of the guidelines set forth above, or any other aspect of these Terms, we reserve the right to suspend or terminate your rights to use the Services without giving you any notice. In the event that your service is terminated, you will immediately lose access to any information that may be on the system. YOU UNDERSTAND THAT WE ARE NOT RESPONSIBLE FOR YOUR INABILITY TO ACCESS ANY INFORMATION ON THE SERVICES FOR ANY REASON, WHETHER IT BE BECAUSE OF TERMINATION OF YOUR ACCOUNT; SOFTWARE, HARDWARE, OR INTERNET PROBLEMS OR ERRORS; OR ANY OTHER REASON.

      Disclosure of Your Identity

      From time to time we may receive requests to disclose the identities of our users. We only will disclose the identities of ours users or other personally identifiable information in accordance with the terms of our  Privacy Policy.

      Indemnity

      You understand that you are personally responsible for your behavior while on the Services and for all User Content provided via your account, and agree to indemnify and hold KETTLE & FIRE, KETTLE & FIRE and its affiliates and their officers, directors, employees and agents harmless from and against any loss, damage, liability, cost or expense of any kind (including attorneys' fees) that we may incur in connection with a third party claim or otherwise, in relation to your use of the Services, your User Content, or your access to the Site, or your violation of either these Terms or the rights of any third party.

      Disclaimer of Warranties

      YOU UNDERSTAND THAT YOUR USE OF THE SERVICES (INCLUDING ANY DOWNLOAD FROM THE SERVICES AND ANY LOSS OF DATA OR OTHER DAMAGE TO YOUR COMPUTER SYSTEM YOU EXPERIENCE FROM USING THE SERVICES) IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT THE SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITE, ARE PROVIDED ON AN "AS IS" "WHERE-IS" AND "WHERE AVAILABLE" BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT NEITHER KETTLE & FIRE, KETTLE & FIRE NOR ANY AFFILIATE MAKES ANY WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. YOU UNDERSTAND THAT NEITHER KETTLE & FIRE, KETTLE & FIRE NOR ANY AFFILIATE WARRANTS THAT THE RESULTS OBTAINED FROM YOUR USE OF THE SERVICES WILL MEET YOUR EXPECTATIONS. NO WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN, CAN MODIFY THE TERMS OF THE DISCLAIMER SET FORTH IN THIS DOCUMENT.

      TO THE FULLEST EXTENT PERMITTED BY LAW, EACHE OF KETTLE & FIRE, KETTLE & FIRE, AND ITS AFFILIATES DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITE OR THE SERVICES.

      Liability Disclaimer

      TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL KETTLE & FIRE, KETTLE & FIRE OR ANY OF ITS AFFILIATES BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING CLAIMS THROUGH YOU) FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, UNAUTHORIZED ACCESS TO AND TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF THE SITE, SERVICES OR ANY PRODUCTS SOLD ON THIS SITE, EVEN IF KETTLE & FIRE, KETTLE & FIRE OR ANY OF ITS AFFILIATES HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW OR OTHERWISE.

      Access Restrictions; Termination

      We can terminate your access to the Site or the Services at any time. We may also remove any User Content that you post without cause and without notice to you.

      We can also change these Terms at any time, and your continued use of the Services after any change we make will mean that you agreed with the changes. Notice to you may be made by displaying notices or links to notices to you generally on the Services. IN THE EVENT THAT YOU DO NOT AGREE TO ANY CHANGE, PLEASE DO NOT ACCESS OR USE THE SERVICES IN ANY MANNER FOR ANY PURPOSE.

      Copyrights

      Unless otherwise indicated, all content on the Site or delivered through the services is owned by Kettle & Fire, Inc. and/or its licensees and protected by applicable law, with all rights reserved. KETTLE & FIRE takes the protection of intellectual property rights, including copyrights, very seriously. KETTLE & FIRE will terminate your access to, or use of, the Site and/or the Services, without notice to you, if you infringe or misappropriate the intellectual property rights, including copyrights, of others.

      NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

      Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 501 et seq., copyright owners or their authorized agents may submit a complaint of alleged copyright infringement to this service provider's designated agent if they have a good-faith belief that their protected works are being infringed. ALL INQUIRIES NOT RELEVANT TO CLAIMS OF COPYRIGHT INFRINGEMENT WILL RECEIVE NO RESPONSE. 

      Accessibility Statement

      Conformance Status

      We firmly believe that the internet should be available and accessible to anyone, and are committed to providing a website that is accessible to the widest possible audience, regardless of circumstance and ability.

      To fulfill this promise, we aim to adhere as closely as possible to the World Wide Web Consortium’s (W3C) Web Content Accessibility Guidelines 2.1 (WCAG 2.1) at the AA level. These guidelines explain how to make web content more accessible to people with a wide array of disabilities. Complying with those guidelines helps us provide a site that is accessible to all people, from the blind to the motor impaired.

      This website utilizes various technologies all meant to make it more accessible. We utilize an interface that allows persons with specific disabilities to adjust the website’s UI (user interface) and design it to their personal needs. This interface replaces the conventional approach to accessibility in which all users are presented with the same diminished interface or design.

      Here are some of the interface’s capabilities:

      1. Font adjustments- users can increase and decrease its size, change its family (type), adjust the spacing, alignment, line height, and more.
      2. Color adjustments- users can select various color contrast profiles such as light, dark, inverted and monochrome. Additionally, users can swap color schemes of titles, texts, and backgrounds, with over 7 different coloring options.
      3. Animations – epileptic users can stop all running animations with the click of a button. Animations controlled by the interface include videos, GIFs and CSS flashing transitions.
      4. Content highlighting – users can choose to emphasize important elements such as links and titles. They can also choose to highlight focused or hovered elements only.
      5. Audio muting – users with hearing devices may experience headaches or other issues due to automatic audio playing. This option lets users mute the entire website instantly.
      6. Cognitive disorders – we utilize a search engine that is linked to Wikipedia and Wiktionary, allowing people with cognitive disorders to decipher meanings of phrases, initials, slang, and others.
      7. Additional functions – we provide users the option to change cursor color and size, use a printing mode, enable a virtual keyboard and many other functions.

      Additionally, the website utilizes an AI-based application that runs in the background and optimizes its accessibility level every 24 hours. This AI engine remediates the website’s HTML issues and orients the functionality and behavior of the site for screen readers used by the visually impaired, and keyboard functions used by individuals with motor impairments.

      We utilize AI for the following accessibility components:

      1. Screen-reader optimization: The AI runs in the background and learns the website’s components from top to bottom, thereby providing screen-readers with meaningful data using the ARIA set of attributes. For example, it will provide accurate form labels; descriptions for actionable icons (social media icons, search icons, cart icons, etc.); validation guidance for form inputs; element roles such as buttons, menus, modal dialogues (popups), and others. 

        Additionally, the AI scans all of the website's images and provides an accurate and meaningful image-object-recognition-based description as an ALT (alternate text) tag. It will also extract texts that are embedded within the image, using an OCR (optical character recognition) technology. To turn on screen-reader adjustments at any time, users need only to press the Alt+1 keyboard combination. Screen-reader users also get automatic announcements to turn adjustments on as soon as they enter the website.
      2. Keyboard navigation optimization: The AI adjusts the website’s HTML, and adds various behaviors using JavaScript code to make the website fully operable by a keyboard. This includes the ability to navigate the entire site using the TAB and SHIFT+TAB keys, operate dropdowns with the arrow keys, close them with ESC, trigger buttons and links using the Enter key, navigate between radio and checkbox elements using the arrow keys, and fill them in with the Spacebar or Enter key.

        Additionally, keyboard users will find quick-navigation and content-skip menus (available at any time by clicking Alt+1). The AI will also handle triggered popups by moving the keyboard focus towards them as soon as they appear, and not allow the focus drift outside of it.

      Browser and Assistive Technology Compatibility:

      We aim to support the widest array of browsers and assistive technologies as possible, so our users can choose the best fitting tools for them, with as few limitations as possible. Therefore, we have worked very hard to be able to support all major systems that comprise over 95% of the user market share including: Google Chrome, Mozilla Firefox, Apple Safari, Opera, Microsoft Edge and I.E 11 or above, JAWS and NVDA (screen readers), both for Windows and for MAC users. This website is operable using other platforms as well, though we are not officially supporting them and recommend users to utilize the aforementioned systems.

      Notes, Comments, and Feedback:

      Despite our very best efforts to allow anybody to adjust the website to their needs, it is possible that there will still be pages or sections that are not fully accessible, are in the process of becoming accessible, or are lacking an adequate technological solution to make them accessible. Still, we are constantly improving the accessibility interface, adding, updating and improving its options and features, and developing and adopting new technologies. All this is meant to reach the optimal level of accessibility, at all times, and in accordance with technological advancements.

      If you’ve discovered a malfunction, if you find any aspect of the interface difficult to use, or if you have ideas for improvement, we’ll be happy to hear from you. Simply click on the “Feedback” button at the bottom of the interface, and fill out the feedback form. Alternatively, you can send an email to our web accessibility team at hello@accessibe.com If you wish to speak with the website owner directly, please email support@kettleandfire.com.

      Trademarks

      Kettle & Fire is a trademarks of Kettle & Fire, Inc.. Other trademarks are the property of Kettle & Fire, Inc. or their respective owners.

      Arbitration & Class Action Waiver

      EXCEPT WHERE PROHIBITED BY LAW, YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE AGAINST KETTLE & FIRE, OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OWNERS, EMPLOYEES, AND/OR REPRESENTATIVES, MAY ONLY BE PURSUED AND BROUGHT IN FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

      This arbitration provision sets forth the terms and conditions of our agreement to final and binding confidential arbitration and is governed by and enforceable under the Federal Arbitration Act (the “FAA”), 9 U.S.C. §§ 1-16, as amended. In the event you elect to proceed with binding arbitration, you shall provide written notice to Kettle & Fire by registered or certified mail and shall describe in such notice, with reasonable particularity, the nature and basis of such claim and the total amount of the claim. The written notice shall be sent to:

      Kettle & Fire, Inc. 

      1800 E. 4th St., #101

      Austin, Texas 78702. 

       

      If the parties are unable to resolve the dispute arising from the claim by good faith negotiations within the thirty (30)-day period following receipt of the written notice, either party may initiate binding arbitration pursuant to the terms and conditions set forth herein.

      The arbitration will be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”) and will be administered by the AAA. If the AAA is unavailable or refuses to arbitrate the parties’ dispute for any reason, the arbitration shall be administered and conducted by a widely-recognized arbitration organization that is mutually agreeable to the parties, but neither party shall unreasonably withhold their consent. The AAA Rules are available online at www.adr.org. Unless otherwise agreed, the arbitration shall take place in the capital city of the state in which the consumer resides, but may proceed telephonically in the event the total amount of the claim does not exceed $2,500 U.S. dollars (if the claimant so chooses).

      Separate and apart from the agreement to arbitrate set forth above and to the extent permitted by law, you hereby independently (i) waive any right to bring or participate in any class action against Kettle & Fire and (ii) acknowledge that this class action waiver is material and essential to the arbitration of any disputes between the parties and non-severable from the agreement to arbitrate claims.

      KETTLE & FIRE’S PHONE, SMS, MMS & MESSAGING TERMS & CONDITIONS

       

      SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

      Kettle and Fire, Inc. (“Kettle & Fire”) (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

      1. User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply. Message frequency varies.
      2. User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that Kettle and Fire and its service providers will have no liability for failing to honor such requests.  You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
      3. Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing, promotion, payment, delivery and sale of Broth and Soups. Messages may include checkout reminders.
      4. Cost and Frequency: Message and data rates may apply. You agree to receive messages periodically at Our discretion. Daily, weekly, and monthly message frequency will vary. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
      5. Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at support@kettleandfire.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
      6. MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
      7. Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Carriers are not liable for delayed or undelivered mobile messages.
      8. Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
      9. Age Restriction: You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
      10. Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:

      - Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;

      - Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;

      - Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;

      - Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;

      - Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and

      - Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

       

      1. Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge Inc. d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Austin, Texas before one arbitrator.

      The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Kettle & Fire’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. 

      THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY VIA ARBITRATION AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. Further, unless both parties agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.  

      Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

      1. Florida Law: We endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents.  For purposes of compliance, you agree that we may assume that you are a Florida resident if, at the time of opt-in to Program, (1) your shipping address, as provided is located in Florida or (2) the area code for the phone number used to opt-into the Program is a Florida area code.  You agree that the requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you, and you shall not assert that you are a Florida resident, if you do not meet either of these criteria or, in the alternative, do not affirmatively advise us in writing that you are a Florida resident by sending written notice to us.  Insofar as you are a Florida resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from You (including but are not limited to response to Keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Florida Statutes Section 501 (including but not limited to sections 501.059 and 501.616), to the extent the law is otherwise relevant and applicable.
      2. Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.

       

      Amazon Pay Promo (Running Feb 1 - 28)

      Please use code APAY15 for 15% off anything on Kettleandfire.com when using Amazon Pay as your payment method. No exclusions. One promotion per customer. The promotion will run from 02/01/22 through 02/28/21. For help with this promotion or any other issues please email us at support@Kettleandfire.com. This promotion is offered by Kettle & Fire, Inc and Amazon is not responsible for the reimbursement of the offer.

       

      Last Updated: July 22, 2021