Terms of Use
IMPORTANT - PLEASE READ CAREFULLY
THIS IS A CONTRACT THAT AFFECTS YOUR RIGHTS
Thank you for visiting kingarthurbaking.com; we're sure you'll find lots of interesting and helpful information here. Just to cover our relationship legally, we have to set down some Terms for the site and other online services (collectively, the "Website") provided by King Arthur Baking Company, Inc., its employees, officers, directors, agents, subsidiaries, and affiliates (collectively "King Arthur Baking," "we," "us," or "our").
King Arthur Baking provides the Website, its constituent webpages, and related websites (together, the "Sites"), and sells products to consumers, on the condition that you first agree to these Terms and Conditions ("Terms"), which are final. By using the Sites, purchasing products from us, and/or registering with us, you represent and warrant that you are of legal age to form a binding contract with King Arthur Baking and meet all of the eligibility requirements in these Terms, and you agree to be bound fully by the provisions below, without change, as are published at such time. To be enforceable, modifications to these Terms must be published by us on the Website. Please see Section 22, below, for the effective date of these Terms.
By agreeing to these Terms, you acknowledge that your use of the Sites may result in information about you and your browsing activity being sent to third parties that provide marketing and other services to us, and that you consent to such data-sharing activities unless you advise us otherwise. You can learn more about our information collection and usage practices, and the information shared with third parties, by reading our Privacy Policy.
We reserve the right to modify these Terms at any time. We will communicate material changes to these Terms by making the revised Terms available for review on the Website and also, in our sole discretion, through such other means as we may deem appropriate. The modified Terms will become effective on the date and time they are posted to the Website, which date is set forth in Section 22, below. Continuing to use the Website after any revised Terms come into effect means you agree to be bound to the changes.
BY AGREEING TO THESE TERMS, YOU AND KING ARTHUR BAKING AGREE TO RESOLVE ALL DISPUTES BETWEEN YOU AND KING ARTHUR BAKING SOLELY THROUGH BINDING INDIVIDUAL ARBITRATION OR IN SMALL CLAIMS COURT AND WAIVE ALL RIGHTS TO PARTICIPATE IN ANY CLASS ACTIONS AND WAIVE THE RIGHT TO HAVE ANY DISPUTE DECIDED BY A JURY.
We recommend you print out a copy of these Terms for your records. Upon request by you or King Arthur Baking, we each agree to sign and provide to each other a signed copy of these Terms.
TABLE OF CONTENTS
- Privacy & Security
- Product Descriptions, Pricing and Availability
- Arbitration Agreement
- SMS/Text Programs Mobile Terms and Conditions
- Your Responsibilities
- Acceptable Use
- Links away from our Website
- Links to our Website
- User Generated Content
- Intellectual Property Rights
- Monitoring and Enforcement; Termination
- Geographic Restrictions
- Accessibility
- Indemnification
- Disclaimers
- Limitation on Warranties
- Limitations on Liability
- Waiver and Severability
- Legal Capacity and Consent
- Acts of God and Other Events Beyond Our Control
- Governing Law and Venue
- Effective Date & Supplemental Terms
1. Privacy & Security
Please read our Privacy Policy which is incorporated into these Terms and governs your use of the Sites. By visiting our Sites or purchasing products from us, you agree with and consent to our Privacy Policy, including the information collection, analysis, and usage practices it describes. To the extent there is a conflict between the Privacy Policy and these Terms, these Terms will control to the fullest extent permitted by law.
2. Product Descriptions, Pricing and Availability
We reserve the right to revoke any stated offer and to correct any error, inaccuracy, or omission (including after an order has been submitted by you or an order confirmation has been sent by us). If a product offered by us is not as described, your sole remedy is to return it to us in unused condition for a refund. We also reserve the right to limit the order quantity on any item.
Furthermore, while we work hard to meet the anticipated demand for products we sell, we reserve the right to cancel any orders for products which are no longer available with no further obligations to you, even after your receipt of an order confirmation or shipping notice from us.
If we discover that pricing information, including promotional offers, has been published in error, or if we learn that a promotional code has been distributed in error or not used as intended by KAB, we reserve the right to cancel any orders placed using this incorrect pricing or promotional code.
3. Arbitration Agreement
King Arthur Baking values its customers and endeavors to resolve customer issues that may arise. If you have a question about a product or purchase, please contact us. If a dispute arises between you and King Arthur Baking, we will strive to resolve it fairly. In some cases, however, a third party may be necessary to help resolve such disputes. This section of these Terms (the "Arbitration Agreement") strictly limits both you and us to resolving all disputes through individual arbitration or small claims court only. This Arbitration Agreement constitutes a separate agreement between you and King Arthur Baking which shall be interpreted and enforced without reference to any other provision of the Terms.
YOU AND KING ARTHUR BAKING AGREE THAT ALL DISPUTES WHICH CANNOT BE RESOLVED INFORMALLY MUST BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION OR IN SMALL CLAIMS COURT ONLY, AND YOU AND KING ARTHUR BAKING WAIVE ALL RIGHTS TO A JURY TRIAL AND TO PARTICIPATE IN ANY CLASS ACTION OR CONSOLIDATED PROCEEDING.
All Disputes Covered. The term "Disputes" is defined broadly to include all claims and controversies of any type, including, but not limited to, statutory, regulatory, constitutional, contractual, common law, and tax-related claims and controversies, as well as those involving allegations of negligence, fraud, and misrepresentation.
All Persons and Entities Covered. This Arbitration Agreement extends to all agents, attorneys, contractors, subcontractors, service providers, employees, and all others acting for, on behalf of, or under the direction of you or King Arthur Baking, including those on whose behalf you visit the Sites and all affiliated companies of King Arthur Baking (including, but not limited to, parents, subsidiaries, and sibling corporations). In addition, this Arbitration Agreement is binding on you and King Arthur Baking, as well as our respective heirs, successors, agents, and assigns, and all corporations related in any way to King Arthur Baking. If a Dispute involves parties who are not subject to this Arbitration Agreement, claims involving such parties shall be stayed pending the resolution of all related arbitrations.
Governing Law. This Arbitration Agreement is governed solely by the Federal Arbitration Act (FAA), 9 U.S.C. §§ 1 et seq. You and King Arthur Baking agree that this Arbitration Agreement involves interstate commerce for purposes of the FAA. State laws relating in any way to arbitration, including, but not limited to, the payment of arbitration fees and costs, shall not apply.
The Informal Settlement Process. Before initiating an arbitration or small claims court case, we must first participate in the informal dispute resolution process as follows:
(a) To start the informal settlement process, the party initiating any Dispute (the "Claimant") must send a signed, written statement (a "Claim Statement") to the other party (the "Respondent"). The Claim Statement must include the Claimant's full name, mailing address, email address, the date(s) the Dispute arose, a detailed explanation of the facts relevant to the Dispute, and a proposal for resolving it, including any claimed amount and how that amount was calculated. The Respondent may request additional information, and the Claimant agrees to reasonably investigate and provide additional information responsive to the Respondent's request. Claim Statements must be sent to King Arthur Baking at: 62 Fogg Farm Road, White River Junction, VT 05001
(b) If the Claimant is represented by an attorney, the Claim Statement must authorize the Respondent to share information about the Dispute with the named attorney. The Claimant's attorney must sign the Claim Statement under oath or penalty of perjury, in accordance with 28 U.S.C. § 1746 or similar state laws, certifying compliance with Rule 11 of the Federal Rules of Civil Procedure ("Rule 11"). The certified Claim Statement will be admissible in any arbitration or court proceeding related to the Dispute.
(c) Once a Claim Statement that meets the requirements of the Arbitration Agreement is received by the Respondent, the Claimant and Respondent shall work in good faith to resolve the Dispute for a period of at least 60 days. Sending the Claim Statement pauses any applicable statutes of limitation for the 60-day period starting from the date the Respondent receives a proper Claim Statement.
(d) Failure to complete in good faith the informal settlement process is a material breach of this Arbitration Agreement. Any arbitration or small claims court action filed under this Arbitration Agreement must state that the Claimant has completed in good faith the informal settlement process. No arbitrator may be appointed to hear a Dispute where the requirements of the informal settlement process have not been satisfied.
(e) At the end of the informal settlement process, unresolved Disputes from the Claim Statement, and no others, can then and only then be pursued on an individual basis only either in (i) binding individual arbitration (as provided for below), or (ii) small claims court, if the requirements of small claims court are satisfied.
No Class Actions. TO THE FULLEST EXTENT ALLOWED BY LAW, AND EXCEPT AS SPECIFIED IN THE MASS ARBITRATION RULES, BELOW, YOU AND WE AGREE THAT ALL DISPUTES MUST BE RESOLVED INDIVIDUALLY, AND NOT VIA CLASS ACTION, EVEN IF THIS ARBITRATION AGREEMENT IS FOUND TO BE UNENFORCEABLE. This means: (a) neither you nor we can file or participate in a class action, consolidated action, or representative action; (b) an arbitrator cannot combine claims from multiple claimants or oversee a consolidated, class, or representative action; and (c) an arbitrator's decision or award will apply only to that specific claimant's Dispute. This section does not limit the relief available to you or us in individual arbitration or small claims court, nor does it restrict either party's right to settle Disputes by mutual agreement, including through class-wide settlements via mediation or other means.
Fees and Costs. You and we are responsible for our own costs and attorneys' fees in connection with all Disputes. However, either party may seek to recover such fees and costs if allowed by applicable law or arbitration rules applicable to the Dispute. If an arbitrator finds that a claim or counterclaim was made or prosecuted in bad faith, for an improper purpose, to exert undue pressure, or was entirely frivolous, the arbitrator may award costs, arbitration fees, and attorneys' fees to the defending party.
Changes. If King Arthur Baking changes this Arbitration Agreement after you last accepted the Terms, you can reject those changes by sending written notice within 30 days of the effective date of such changes. The notice must include your full name, e-mail address, and mailing address, and clearly state that you reject the Arbitration Agreement changes. By rejecting these changes, you agree to arbitrate any dispute based on the version of the Arbitration Agreement that was in effect when you last agreed to the Terms. Send your notice to: 62 Fogg Farm Road, White River Junction, VT 05001
Improperly Commenced Arbitration. If either party believes the other party has started or is about to start an arbitration in violation of this Arbitration Agreement (including the Mass Arbitration Rules set forth below), you and King Arthur Baking agree that such party can request a court order to stop the arbitration and that any arbitration subject to such a court action shall be stayed until the court action is concluded. The court in such action shall have the authority to order the payment of costs and reasonable attorneys' fees related to such a proceeding upon a finding that an arbitration was commenced in knowing violation of the Arbitration Agreement.
Survival. The Arbitration Agreement will survive and remain in effect even after your relationship with King Arthur Baking has ended and despite any action seeking to terminate any agreement between you and King Arthur Baking.
Severability. Except as expressly provided in the Mass Arbitration Rules, below, if any part of the Arbitration Agreement is found to be unenforceable, its remaining provisions will still apply to the fullest extent allowed by law.
ARBITRATION RULES AND REQUIREMENTS
General Rules. In arbitration, there is no judge or jury, but the arbitrator has the authority to hear all Disputes and grant the same relief as a court could. The arbitrator must interpret and apply the Terms and this Arbitration Agreement just as a court would. The results of an arbitration shall have no effect on other Disputes between you and King Arthur Baking and shall not be binding in any other Disputes in which you are not a party.
Any court with proper authority and jurisdiction can enforce this Arbitration Agreement, including any matters related to Mass Arbitration, as defined below. The court may also prevent the filing or continuation of any arbitration, or the imposition of fees and costs associated with any arbitration, if such a filing or the imposition of fees or costs does not comply with the requirements of the Arbitration Agreement.
Unless stated otherwise in this Arbitration Agreement, if you and we disagree about whether a Dispute must be arbitrated, the scope of the arbitrator's authority, or the enforceability of any specific terms of the Arbitration Agreement, the arbitrator is delegated sole authority to resolve such disputes.
However, if you or we argue that this Arbitration Agreement is not for any reason an enforceable contract, only a court with proper authority can decide that matter, and any pending arbitration shall be stayed until a final decision on the matter by a court in which such a claim is asserted until after the exhaustion of any appeals and petitions for certiorari. This provision does not limit either party's right to challenge in a court of competent jurisdiction an improperly commenced arbitration as elsewhere provided in this Arbitration Agreement.
In any arbitration between you and King Arthur Baking, the Respondent may choose to make a written settlement offer at any time after the initiation of arbitration but is under no obligation to do so. The settlement offer amount or terms will not be revealed to the arbitrator until after an award (including any dispositive decision) is made. To the fullest extent permitted by law, if the award is less than the settlement offer or favors the Respondent, the Claimant must pay the Respondent's arbitration fees and costs incurred after the offer to the fullest extent permitted by law.
The arbitration process will vary depending on whether the Dispute is pursued individually or as part of a Mass Arbitration (defined below). These individual arbitration rules do not apply to Disputes that are part of a Mass Arbitration except in connection with the limited bellwether arbitrations described in the Mass Arbitration Rules set forth below.
If the American Arbitration Association (the "AAA") is for any reason whatsoever unavailable, unable, or unwilling to handle an arbitration assigned to it under this Arbitration Agreement (including as a result of any aspect of this Arbitration Agreement which does not meet with their approval), or otherwise finds that it cannot arbitrate a Dispute, you and we will negotiate in good faith to choose an alternative arbitrator or organization to conduct the arbitration in accordance with all of the requirements of this Arbitration Agreement. If no such agreement is reached, the parties shall jointly ask a court to appoint an arbitrator or arbitration organization under 9 U.S.C. § 5 to conduct the arbitration in accordance with all of the requirements of this Arbitration Agreement.
Individual Arbitration Rules. All individual arbitrations (those not subject to the Mass Arbitration Rules, below) shall be before a single neutral arbitrator of the AAA. Arbitrations involving consumers will be governed by this Arbitration Agreement and the AAA Consumer Arbitration Rules (the "Consumer Rules") and the AAA Consumer Due Process Protocol. However, the Consumer Rules shall only apply if the Dispute involves or is related to goods or services offered or purchased for personal or household use, and not goods or services offered or purchased for any other use or purpose, including in support of a business, job, or profession or for resale. Arbitrations not governed by the Consumer Rules shall be governed by this Arbitration Agreement and the AAA Commercial Arbitration Rules and the AAA Optional Appellate Rules. If there is a conflict between this Arbitration Agreement and any applicable AAA rules and protocols, the Terms will control.
For consumer arbitrations where claims or counterclaims are under $25,000 USD each, the case will be decided without appearances, based only on submitted documents (including sworn statements) under R-29 of the Consumer Rules (or its successor under the AAA Consumer Rules). However, the arbitrator may permit reasonable and appropriate discovery (proportionate to the Dispute amount and not imposing undue cost or hardship on either of the parties), and may allow a hearing by phone or video conference, unless, in the arbitrator's sole discretion, fairness requires an in-person hearing and the cost of an in-
person hearing is reasonable compared to the Dispute amount. All decisions by an arbitrator, including any awards, can be enforced or confirmed in any court with proper jurisdiction, but they shall have no precedential effect in another arbitration.
To begin an arbitration with the AAA, the informal settlement process outlined above must first be completed. Afterward, the claiming party must send a letter describing the Dispute, including the amount claimed, and requesting arbitration to the American Arbitration Association Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043 or by filing a request online through the AAA website. Any attorney representing a Claimant must sign, under oath or penalty of perjury, a Rule 11 certification with regard to the arbitration demand, which certification shall be included with any arbitration demand under this Arbitration Agreement. This certification will be admissible in any arbitration or court proceeding related to the Dispute, and the arbitrator shall have the authority to impose sanctions as provided for by Rule 11.
Mass Arbitration Rules. If 25 or more claimants (each a "Mass Arbitration Claimant") or their lawyers file or disclose to King Arthur Baking intention to file demands for arbitration against King Arthur Baking raising substantially identical Disputes, and counsel for the claimants are the same or coordinated across these Disputes (a "Mass Arbitration"), these special Mass Arbitration Rules shall apply to the exclusion of any other rules applying to mass arbitrations published by any arbitration organization, including the AAA. Any dispute concerning whether these Mass Arbitration Rules apply or challenging the enforceability of any of these Mass Arbitration Rules may only be resolved by a court of competent jurisdiction, and no arbitrator shall be appointed in the absence of such a court determination except by agreement of the parties.
Each Mass Arbitration Claimant must satisfy the informal settlement process outlined above before proceeding to arbitration, including the requirement of a signed certification of counsel under oath or penalty of perjury (consistent with 28 U.S.C. § 1746 or similar state laws) of compliance with Rule 11 for each Claimant. Arbitrators in any resulting arbitrations will have the authority to impose sanctions as allowed by Rule 11. Lawyers representing the Mass Arbitration Claimants shall also certify, under oath, that no other attorney represents the Mass Arbitration Claimants in connection with the Disputes raised during the informal settlement process.
If the informal settlement process fails for any Mass Arbitration Claimants, counsel for the parties will each select up to five (5) Mass Arbitration Claimants (totaling no more than ten (10) and with an equal number selected by each counsel for the Mass Arbitration Claimants and counsel for us) for bellwether arbitrations which will be decided individually under the Individual Arbitration Rules, above, with each case assigned to a different arbitrator. Any other arbitration claims which have been filed by other Mass Arbitration Claimants must be dismissed without prejudice before the bellwether arbitrations can begin.
Each bellwether arbitration must be completed within 120 days unless otherwise agreed. No further arbitration demands can be filed by Mass Arbitration Claimants during the pendency of the bellwether arbitrations or during the subsequent mandatory mediation process described below.
After the bellwether cases are resolved, the parties' counsel will promptly participate in good faith in non-binding, confidential mediation for at least 60 days to resolve all remaining Disputes of the Mass Arbitration Claimants. This mediation will be conducted by the AAA under its current Mediation Procedures unless both sides agree to a different mediator or mediation process.
To prevent the Disputes asserted by the Mass Arbitration Claimants from expiring, all statutes of limitation for their Disputes will be paused until the completion of the informal settlement process, the bellwether arbitrations, and the completion of the mediation described below.
Mass Arbitration Claimants whose claims remain unresolved after mediation can only pursue their disputes in small claims court (if eligible) or through a documents-only arbitration with FairClaims, Inc. (and not with the AAA or any other arbitrator or arbitration-
sponsoring organization). The applicable FairClaims rules shall be either those for Small Claims or the Fast Track rules and will depend on the claim amount, information about which is available here. Decisions from the bellwether arbitrations can be used in FairClaims arbitrations for their persuasive value only but shall not be binding. Discovery obtained in the bellwether cases may be used in connection with FairClaims arbitrations subject to appropriate confidentiality protections.
If any aspect of these Mass Arbitration Rules is determined to be unenforceable for any reason in a court decision as to which further review is foreclosed, and as to which all available motions, appeals, and petitions for review have been resolved fully or not timely pursued (a "Final Determination"), all unresolved Disputes between the Mass Arbitration Claimants and King Arthur Baking shall be resolved in the courts of the State of Vermont. King Arthur Baking shall have the right to request such a case be removed to federal court if it so qualifies. In any court action filed under this provision, the class of plaintiffs shall be strictly limited to Mass Arbitration Claimants who have satisfied the informal settlement process and who have unresolved Disputes.
If any arbitrations filed by or for Mass Arbitration Claimants are still pending after a Final Determination, those Mass Arbitration Claimants must immediately dismiss their arbitrations without prejudice. A ruling that the Mass Arbitration Rules or any aspect of them are unenforceable will not affect the validity or enforceability of any other parts of this Arbitration Agreement or any other part of the Terms.
Supplemental Arbitration Notice For Vermont Residents Only
Only to the extent Vermont law may ultimately be found to apply to some or all of our Arbitration Agreement, and as to disputes between King Arthur Baking and Vermont residents only, the parties understand that a dispute between us may not be subject to arbitration if it involves a question of constitutional or civil rights. You agree that, by accepting these Terms by means provided by the Sites, the arbitration requirement shall be fully enforceable as would an agreement bearing both of our signatures.
4. SMS/Text Programs Mobile Terms and Conditions
By subscribing to King Arthur Baking mobile messaging programs, you agree to receive recurring autodialed marketing messages to the mobile number used at the time of opt in. Message frequency may vary. Message and data rates may apply. Consent is not required as a condition of purchasing any goods or services. Mobile carriers are not liable for delayed or undelivered messages. Full details are available on our Mobile Terms and Conditons page .
To learn how King Arthur Baking collects and uses your personal information, please see our Privacy Policy.
King Arthur mobile messages: Text any advertised KEYWORD to 27820 to receive recurring promotional alerts and messages from King Arthur Baking.
Text STOP to 27820 to opt out. Text HELP to 27820, or contact us for assistance.
King Arthur Baking mobile messages: To sign up to receive alerts about your order from King Arthur Baking, select the "Text me updates" option and enter your mobile number at time of checkout.
Text STOP to 48788 to opt out. Text HELP to 48788 or contact us for assistance.
5. Your Responsibilities
You are responsible for any activity that occurs through your use of the Website and through your account and you agree you will not sell, transfer, license or assign your account, followers, username, or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, King Arthur Baking prohibits the creation of and you agree that you will not create an account for anyone other than yourself. You also represent that all information you provide or have provided to King Arthur Baking upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.
You are responsible for keeping your password secret and secure.
You are solely responsible for your interactions with other users of the Website, whether online or offline. You agree that King Arthur Baking is not responsible or liable for the conduct of any user. King Arthur Baking reserves the right to monitor and restrict activity on the Website but has no obligation to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment when interacting with others, including when you submit or post content or any personal or other information.
6. Acceptable Use
Our goal is to create a positive, useful, and safe user experience. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to us. When using our Website and its features and functions you may not:
- violate any applicable federal, state, local, or international law, rule, or regulation;
- violate, infringe, or misappropriate other people's intellectual property, privacy, publicity, or other legal rights;
- post or share anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable, including any posts intended for defaming, stalking, bullying, abusing, harassing, threatening, impersonating, harming, impersonating or intimidating people or entities;
- create, solicit, transmit, or procure the sending of any unwanted, unsolicited or harassing comments or communications, including advertising or promotional material, without our prior written consent, such as spam;
- create accounts or access data (including user information) through unauthorized means, such as by using an automated device, caching, script, bot, spider, crawler or scraper;
- use the Website in any manner that could disable, alter, overburden, damage, or impair them or engage in any other conduct that restricts or interferes with any other party's use, which, as determined by us, may harm King Arthur Baking or users of the Website and expose them to liability, including but not limited to by transmitting any worms, viruses, spyware, malware or any other code of a destructive, malicious, intrusive, or disruptive nature;
- stalk, harass, or harm another individual;
- impersonate King Arthur Baking, a King Arthur Baking employee, another user, or any other person or entity or otherwise perform any other similar fraudulent activity, such as phishing;
- use any means to scrape or crawl any web pages contained in the Website;
- attempt to circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Website;
- attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide the Website; or
- advocate, encourage, or assist any third party in doing any of the foregoing.
Users that do not adhere to our Terms may be restricted from interacting with King Arthur Baking online, phone, or chat tools. We reserve the right to remove or "ban" from using our social media properties users who fail to follow our acceptable use policies.
7. Links away from our Website
Our website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This may include links contained in advertisements, sponsored, or affiliate links. We have no control over the contents of those sites or resources, do not endorse them, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to our Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
8. Links to our Website
You may link to our Website provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
The Website may provide certain social media features that enable you to: link from your own or certain third-party websites to certain content on our Website; send communications with certain content, or links to certain content, using the Website; or cause limited portions of content on the Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, and must not otherwise: establish a link from any website that is not owned by you; cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site (for example, scraping, framing, deep linking, or in-line linking); or take any action with respect to the Website that is inconsistent with these Terms.
We may disable any social media features and any links at any time without notice in our sole discretion.
9. User Generated Content
Any material you add to the Website or social media platforms associated with King Arthur Baking, including but not limited to photos and comments on our blog, recipe and product ratings and reviews, Facebook, Instagram, Twitter etc. ("User Contributions") will become a part of the Website and may be used for our marketing purposes. If you are not comfortable sharing what you write with the general public — please don't share it. We also reserve the right to delete or remove any obscene, abusive, or other objectionable, inaccurate or misleading materials posted to our Website and to our social media properties.
In addition, you represent and warrant that:
- All of your User Contributions do and will comply with these Terms.
- You own or control all rights to the User Contributions posted by you on or through the Website or otherwise have the right to grant the rights and licenses set forth in these Terms.
- You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not King Arthur Baking, have full responsibility for such materials, including its legality, reliability, accuracy, and appropriateness.
- We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.
You may feel you have a great idea for a new product, or a special recipe you would like to share. We do not offer compensation for any product suggestions, recipes, or other information submitted via email, product or recipe reviews, live chat, or any other online channels. In uploading content, you grant King Arthur Baking a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, perpetual and irrevocable, worldwide license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties the User Contributions that you post through the Website or otherwise provide to King Arthur Baking, subject to our Privacy Policy.
In addition, the Website is not a backup service, and you agree that you will not rely on the Website for the purposes of storing User Contributions. King Arthur Baking will not be liable to you or third-party beneficiaries for any modification, suspension, or discontinuation of the Website, or the loss of any User Contributions.
10. Intellectual Property Rights
We grant you a limited, non-exclusive, non-sub-licensable, non-transferable, revocable license to access and use the Website for lawful purposes in accordance with these Terms and our Privacy Policy.
The Website, including subsidiary sites shop.kingarthurbaking.com and classes.kingarthurbaking.com, is the exclusive property of King Arthur Baking and contains content owned or licensed by King Arthur Baking, including name, logo, text, images, audio/visual works, icons and scripts ("King Arthur Baking Content"). King Arthur Baking Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and King Arthur Baking, King Arthur Baking owns and retains all rights in King Arthur Baking Content and the Website.
Unless we give you permission to do so, you will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying King Arthur Baking Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit King Arthur Baking Content without the prior written permission of King Arthur Baking.
King Arthur Baking also respects the intellectual property rights of others, and we prohibit users of our Website from submitting, uploading, posting or otherwise transmitting any materials that violate another person's intellectual property rights. To report any issues or allegations of infringement, please contact us.
11. Monitoring and Enforcement; Termination
We have the right to:
- Modify or terminate the Website for any reason, without notice, at any time, and without liability to you.
- Refuse, terminate, or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms.
- Force forfeiture of any username for any reason.
But we have no obligation to remove, edit, block, and/or monitor content, User Contributions, or accounts containing materials that we determine in our sole discretion violates these Terms.
Upon termination, all licenses and other rights granted to you in these Terms will immediately cease.
12. Geographic Restrictions
King Arthur Baking is based in the United States and provides its Website for use to persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
13. Accessibility
King Arthur Baking is committed to providing physical and digital access for persons with disabilities. Our Accessibility page has more information.
14. Indemnification
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE TO INDEMNIFY AND HOLD HARMLESS KING ARTHUR BAKING FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, LIABILITIES, EXPENSES, DAMAGES, AND COSTS, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS' FEES, ARISING FROM OR RELATED TO, WHETHER DIRECTLY OR INDIRECTLY, YOUR VIOLATION OF THESE TERMS OR YOUR USE OF THE SITES AND THE CONTENT YOU MAKE AVAILABLE VIA THE SITES BY ANY MEANS, INCLUDING WITHOUT LIMITATION THROUGH A POSTING, A LINK, REFERENCES TO SAID CONTENT, OR OTHERWISE. THIS INCLUDES, WITHOUT LIMITATION, ANY CLAIM BY A THIRD PARTY THAT SUCH CONTENT INFRINGES OR VIOLATES SUCH THIRD PARTY'S RIGHTS OR INTERESTS.
15. Disclaimers
DESPITE OUR BEST EFFORTS, WE'RE ONLY HUMAN. THE SITES MAY OCCASIONALLY CONTAIN ERRORS, INCLUDING INCORRECT PRICES, UNCLEAR RECIPE DIRECTIONS, OR INACCURATE PHOTOS. WE WILL MAKE REASONABLE EFFORTS TO CORRECT AND UPDATE MISTAKES AS WE DISCOVER THEM, WITHOUT NOTICE AND WITHOUT LIABILITY FOR ANY ISSUES THEY MAY CAUSE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, KING ARTHUR BAKING OFFERS THE SITES ON AN "AS-IS" AND "AS AVAILABLE BASIS." KING ARTHUR BAKING DOES NOT GUARANTEE THAT THE FUNCTIONS OF OR CONTENT CONTAINED ON THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT KING ARTHUR BAKING'S SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS THROUGH USE OR DOWNLOADING MATERIAL FROM THE SITES.
16. Limitation on Warranties
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, KING ARTHUR BAKING DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND CONCERNING THE SITES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. KING ARTHUR BAKING DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING USE OF THE RESULT OF USE OF KING ARTHUR BAKING CONTENT, USER CONTRIBUTIONS, OR ANY OTHER CONTENT ON THE SITES IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE.
KING ARTHUR BAKING DOES NOT ENDORSE, APPROVE, OR VERIFY ANY POSTED CONTENT ON THE SITES AND THE KING ARTHUR BAKING SHALL NOT BE RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY CONTENT POSTED ON THE SITES (INCLUDING CLAIMS OF INFRINGEMENT RELATING TO CONTENT POSTED ON THE SITES, FOR YOUR USE OF THE SITES, OR FOR THE CONDUCT OF THIRD PARTIES WHETHER ON THE SITES OR RELATING TO THE SITES.
17. Limitations on Liability
YOUR USE OF THE SITES AND THEIR CONTENT IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL KING ARTHUR BAKING BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH THE SITES (OR TERMINATION THEREOF FOR ANY REASON), EVEN IF THE KING ARTHUR BAKING HAS BEEN ADVISED ON THE POSSIBILITY OF SUCH DAMAGES.
18. Waiver and Severability
The Terms and our Privacy Policy constitute the sole and entire agreement between you and King Arthur Baking regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website. The Terms may not be amended, nor any obligation waived, without our written consent.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
19. Legal Capacity and Consent
By making a purchase from King Arthur Baking, you confirm that you have the legal right and capacity to enter into an agreement to these Terms for yourself and on behalf of anyone you act for or on behalf of when using any of the Sites or making a purchase. By using the Sites, you also confirm that you are of legal age to agree to these Terms, or, if not, that you have received consent from a parent or guardian, who agrees to these Terms on your behalf.
20. Acts of God and Other Events Beyond Our Control
King Arthur Baking shall not have any liability to you by reason of any delay or failure to perform any obligation under these Terms if the delay or failure to perform is occasioned by any act of God, storm, fire, casualty, unanticipated work stoppage, power outage, satellite failure, strike, lockout, labor dispute, civil disturbance, riot, war, public health emergency, epidemic, pandemic or national emergency, Governmental action or other causes beyond our commercially reasonable ability to control.
21. Governing Law and Venue
Except with regard to the Arbitration Agreement and all matters related in any way to arbitration and dispute resolution, which are governed exclusively by the FAA, these Terms shall be governed by the laws of the State of Vermont without regard to conflict of law principles. Except where otherwise expressly provided, all lawsuits arising out of or related to the Terms shall be filed in state or federal court in the State of Vermont only.
22. Effective Date & Updated Terms
The effective date of this version of the Terms is June 27, 2025. These Terms apply to all uses, purchases, or registrations occurring after that date. Updates to these Terms shall not apply retroactively. If any part of these Terms is found to be unenforceable for any reason, it shall be removed, and the remaining Terms shall be fully enforceable.
Please contact us if you have any questions about this policy.
#block-kaf-nextgenweb-page-title { text-align:center; }