Terms of Use and Privacy

Terms of Use and Privacy Policy:

The Pro-Chi Plant Energy website and its products are owned and operated by Picasso Foods, LLC  d/b/a Kim Baker Foods ("Kim Baker Foods").  Any reference to "you" in these Terms and Conditions will refer to anyone that visits this site and/or purchases Pro-Chi Plant Energy products.

By using this site, you acknowledge that you have read and accept and agree to be bound by all of the following terms of use, conditions, and notices ("Terms of Use and Privacy Policy"). Kim Baker Foods reserves the right at its sole discretion to change these Terms and Conditions at any time or from time to time. If any change is not acceptable to you, you must discontinue use of the site.  The date that these Terms and Conditions are published, constitutes your irrevocable acceptance of such changes.

 

Intellectual Property

You acknowledge that the information, data, text, articles, images logos, design compilation and presentation of information, graphics, or other materials (collectively, the "Content") that are posted on or otherwise incorporated into the kimbakerfoods.com website or social media channels contain trademarks, copyrights, and other proprietary material, the ownership to which are proprietary to Kim Baker Foods protected by law, including U.S. copyrighted and trademark laws.

Disclaimers Regarding Content Distribution, Local Law, Offers and Solicitations

As a user of this site, you obtain no right to the website, digital channels, or any other content or otherwise for any other purpose.

Lawful Use

Any content shared may be used only for lawful purposes. Any social media posts, web comments and shares through your own content distribution channels, must be in accordance with the Terms of Use and it is your responsibility to ensure that your use of these sites is in compliance.

You agree that you will not:

  1. Transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, slanderous, libelous, vulgar, obscene, sexually explicit, pornographic, lewd, indecent, profane, racially, ethnically, or otherwise objectionable or that may invade another's right of privacy or publicity or other personal rights;
  2. Post, republish, distribute, or transmit any content that you do not have the right to reproduce, display or transmit under any law or under contractual or fiduciary relationships, or in violation of the rights of any third party.
  3. Violate any applicable local, state, provincial, national or international law or regulation, or use the information provided by Kim Baker Foods for any unlawful purpose.
  4. Attempt to probe, scan or test the vulnerability of any system or network or to breach security.
  5. Post any content that constitutes or contains false or misleading indications of origin or statements of fact, causes injury of any kind to any person or entity, or infringes or violates the intellectual property rights of any third party.

Disclaimer of Warranty and Limitation of Liability

KIM BAKER FOODS PROVIDES PRODUCTS AND SERVICES WITHOUT WARRANTY OF ANY KIND AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, ACCURACY OF DATA OR CONTENT, AND ADEQUACY FOR ANY PARTICULAR USE OR PRODUCTIVENESS.  NOTHING IN THESE TERMS AND CONDITIONS WILL IMPLY THAT THE WEBSITE OR AVAILABILITY OF ITS PRODUCTS WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ERRORS WILL BE CORRECTED AT A CERTAIN TIME.  YOU HEREBY ASSUME THE ENTIRE RISK ASSOCIATED WITH USE.

IN NO EVENT SHALL KIM BAKER FOODS, ITS OFFICERS, DIRECTORS, MEMBERS, SHAREHOLDERS, SUPPLIERS, OR AGENTS HAVE ANY LIABILITY TO YOU UNDER THESE TERMS AND CONDITIONS FOR THE USE OF THE WEBSITE (OR ATTEMPTED USE).  TO THE MAXIMUM EXTENT PERMITTED BY LAW, KIM BAKER FOODS WILL NOT BE LIABLE TO YOU AS A MEMBER FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OR INTERRUPTION OF BUSINESS OR LOSS OF PROFITS OR REVENUES) ARISING OUT OF ANY LEGAL OR EQUITABLE THEORY, INCLUDING BUT NOT LIMITED TO BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF KIM BAKER FOODS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH POSSIBILITY WAS REASONABLY FORESEEABLE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.

Indemnity

You are entirely liable for activities conducted by you or anyone else in connection with your use of the Website and its products.  If you are unsatisfied with the website, its content, or products sold through it, your sole and exclusive remedy is to stop participating in it and the use of products and services provided by Kim Baker Foods.  You agree to defend, indemnify, and hold harmless, Kim Baker Foods,  and its affiliates, officers, directors, members, employees, suppliers, agents, or other partners from any and all liabilities, claims, demands, losses or expenses, including reasonable legal and accounting fees and costs resulting or arising from: your breach of these Terms and Conditions, any action taken or permitted which disrupts, degrades, or damages the brand, content on the prochiplantenergy.com or kimbakerfoods.com websites; your infringement on any intellectual property rights, any activity (including any negligent or wrongful conduct) by you; any materials provided by you to be posted on the website or social media; your violation of the rights any third party; your posting or uploading of any content; or your actual or alleged breach of any federal, state, local or foreign law or regulations.

Termination

The Terms and Conditions are effective until terminated by Kim baker Foods, at any time without notice.  In the event of a termination, the disclaimers and limitations of liabilities set forth in these Terms and Conditions shall survive.

Governing Law

The Terms and Conditions shall be governed by and construed in accordance with federal laws of the United States of America and the internal laws of the Commonwealth of Virginia without giving effect to any principles of conflicts of law.  Your Consent to these terms and Conditions includes your consent to exclusive jurisdiction and venue in the state and federal courts for the Eastern District of Virginia (Richmond Division).  You waive all defenses or lack of jurisdiction, venue or forum non conveniens.

Miscellaneous

If any provision of these Terms and conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.  Any failure of Kim Baker Foods to exercise or enforce any legal right or remedy set forth in these Terms and Conditions, or otherwise applicable by law, shall not be deemed a waiver of Kim Baker Foods' rights or remedies, which shall remain available to Kim Baker Foods. The rights granted under these Terms and Conditions may not be assigned to any third-party and shall be binding upon you, your successors and approved assignees.

Policy Changes

We reserve the right to Change our Terms and Conditions at any time.  Date of last update or revision: January 31, 2022.

 

Products are manuafactured by Kim Baker Foods.

2601 Maury St, Building Two

Richmond, Virginia 23238