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Reservation and Preorder Agreement

Kitchenery Terms of Use

LAST UPDATE: JUNE 13, 2023

 Acceptance of the Terms of Use

These terms of use are entered into by and between you and Kitchenery Inc. (“Kitchenery,” “we,” “our,” or “us). The following Terms of Use, together with all other terms, content and policies posted on https://www.kitchenery.us/ (the “Website”) and any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of the Website and Kitchenery’s mobile application (the “App”) (the Website and the App collectively, the “Services”), whether as a guest or a registered user.

Please read the Terms of Use carefully before you use ANY OF the Services as they constitute a legal agreement between you and Kitchenery. By using the SERVICES, you accept and agree to be bound by these Terms of Use, as well as the terms in our privacy policy, found at https://kitchenery.us/legal/privacy-policy/ (the “Privacy Policy”). The Privacy Policy governs how the information that you provide from your use of the SERVICES or that you otherwise provide to us may be collected, used and disclosed by us. If you do not want to agree to these Terms of Use or the Privacy Policy, you MAY not access or use the SERVICES. 

PLEASE READ: THESE TERMS CONTAIN A MANDATORY ARBITRATION AGREEMENT REQUIRING ANY DISPUTE BETWEEN YOU AND KITCHENERY, SUBJECT TO LIMITED EXCEPTIONS, TO BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS AND REQUIRING YOU TO FOREGO JURY TRIALS, CLASS OR COLLECTIVE ACTIONS OR PROCEEDINGS AND ALL OTHER TYPES OF COURT PROCEEDINGS OF ANY KIND UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT BY FOLLOWING THE OPT-OUT PROCEDURES DESCRIBED IN THE ARBITRATION AGREEMENT SECTION BELOW. BY AGREEING TO THESE TERMS, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND EXPRESSLY AGREE TO THE MANDATORY ARBITRATION AGREEMENT.

Binding Arbitration and Class Action Waiver (“Arbitration Agreement”)

If you are dissatisfied in any way relating to your use of any of the Services or otherwise arising out of or relating to these Terms of Use, the terms of use governing your use of the App (the “App Terms”) or the Privacy Policy, you agree to contact us at power@kitchenery.us to discuss any dispute informally for thirty (30) days. If informal discussions fail to resolve the dispute within thirty (30) days after the first contact, the dispute may be resolved by binding arbitration. For purposes of clarity, this Arbitration Agreement does not apply to any dispute arising out of a appliance or your preorder for or purchase of a appliance that is unrelated to this Website, the App, these Terms of Use or the Privacy Policy. 

By agreeing to these Terms of Use, you agree that any dispute, claim or controversy arising out of or relating to any part of these Terms of Use, the App Terms or the existence, breach, termination, enforcement, interpretation, or validity of any of the foregoing (collectively, “Disputes”) shall be finally settled by binding individual arbitration in accordance with the rules and procedures of the American Arbitration Association (“AAA”), and not in a court of law in any jurisdiction, and not in a class, representative, or consolidated action or proceeding, as further set forth below. You and Kitchenery agree that one (1) arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether these Terms of Use are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel. Judgment of the award rendered by the arbitrator may be confirmed, reduced to judgment, and entered in any court of competent jurisdiction as necessary to protect Kitchenery’ rights or its property or those of its agents, suppliers, and subcontractors.

You acknowledge and agree that you and Kitchenery are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and Kitchenery agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding. If any court or arbitrator determines that the class action waiver set forth in this Section is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the entirety of the Arbitration Agreement set forth in this Section will be deemed null and void and you and Kitchenery will be deemed to have not agreed to arbitrate disputes on a class basis. Notwithstanding your and Kitchenery’s agreement to resolve all Disputes through arbitration, you and Kitchenery each retain the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

The arbitration will be administered by the AAA under its Consumer Arbitration Rules and any supplementary rules then in effect (the “AAA Rules”), except as modified by these Terms. The AAA Rules are available at http://www.adr.org or by calling the AAA at 1-800-778-7879. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms of Use. Notwithstanding any choice of law or other provision in these Terms of Use, you and Kitchenery agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”) will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of you and Kitchenery that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, that issue will be resolved under the laws of the State of Florida, without regard to its conflict of laws provisions.

A party who desires to initiate an arbitration must submit a written Demand for Arbitration to the AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at http://www.adr.org. You can contact AAA for more information on how to commence an arbitration proceeding at http://www.adr.org or 1-800-778-7879.

For claims under $10,000, you may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. If your claim is at or above $10,000, your right to a hearing will be determined by the AAA Rules. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s applicable rules. We will reimburse those fees for claims totaling less than $10,000, unless the arbitrator finds your Dispute frivolous. 

Notwithstanding the provisions of this Section, if Kitchenery changes any of the terms of the Arbitration Agreement after the date you first accepted the Terms of Use (or accepted any subsequent changes to the Terms of Use), you may reject any such change by providing Kitchenery written notice of such rejection within thirty (30) days after the date such change became effective, as indicated in the “Last Update” date above. This written notice must be provided either by email at power@kitchenery.us. In order to be effective, the notice must include your full name, address, and signature, and clearly indicate your intent to reject changes to this Arbitration Agreement. By rejecting changes, you are agreeing that you will arbitrate any Dispute between you and Kitchenery in accordance with the provisions of this Arbitration Agreement as of the date you first agreed to the Terms (or to any subsequent changes to the Terms).

You can choose to reject this Arbitration Agreement by sending us a written opt-out notice (“Opt-Out Notice”) within thirty (30) days following the date you first agree to these Terms of Use by email to power@kitchenery.us. The Opt-Out Notice must be post-marked no later than thirty (30) days following the date you first agree to these Terms of Use. To be effective, your Opt-Out Notice must contain your name, address, and signature. If you opt out of the Arbitration Agreement, all other parts of these Terms of Use will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any previous, other or future arbitration agreements that you may have with us.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services, these Terms of Use, the App Terms or the Privacy Policy must be brought in accordance with this Arbitration Agreement within one (1) year after such claim or cause of action arose or be forever barred.

Changes to the Terms of Use 

The “Last Update” date above indicates the effective date of these Terms of Use. Kitchenery reserves the right to revise these Terms of Use at our discretion. In such a case, we will change the Last Update date above. 

Your continued use of the Services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time when you access this Website or the App. You should stop using the Services if you do not agree with the changes.

Privacy

The Privacy Policy found at https://kitchenery.us/legal/privacy-policy/ explains how we collect, store, share or otherwise use any personal information you provide through the Services (“Personal Data”). Our use of Personal Data will be in accordance with the Privacy Policy, and you hereby grant us the right to use your Personal Data consistent with these Terms of Use, including the Privacy Policy.

Accessing the Services and Account Security  

Access to some portions or all of the Services or to some of the resources that are offered may be restricted to access by certain users, such as registered users.

To access the portions of the Services restricted to registered users, you will need to register for an account and provide certain registration details or other information. By creating an account or otherwise providing us with any information, you represent and warrant that:

  • You will accurately furnish all contact and other information requested by us, and that all the information you provide to us is correct, current and complete. If you provide your country of residence, you represent that you are a resident of the indicated country, and that we may rely on this representation.
  • You will use your true legal name and true electronic mail address, and only provide true, accurate and complete information on the Website.
  • Your Content (defined below) (a) does not infringe, violate, misappropriate or otherwise conflict with the rights of any third party including any privacy rights, publicity rights, contract rights or intellectual property rights; (b) complies with all applicable local, state, provincial, national and other laws, rules and regulations; and (c) does not violate these Terms of Use.
  • You have obtained all rights and consents necessary to provide Your Content and, to the extent you do not exclusively hold all rights in Your Content, all parties who hold such rights, including moral rights, have completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the licenses you are granting in these Terms of Use.
  • You will not impersonate another person or misrepresent your affiliation with another person or entity, such as by using another person’s username,  password or other account information or another person’s name or likeness.
  • You are at least 18 years of age or the legal age of majority where you reside.
  • You have all requisite rights and authority to use the Services and to create an account and to enter into these Terms of Use.
  • You agree to notify us immediately of any change in the above information. 

Kitchenery reserves the right to refuse or reject any request to create an account for any or no reason at Kitchenery’s sole discretion. In addition, we have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use. You are solely responsible for your account, your contact information and other information made available through your account or otherwise via the Services. You will use reasonable care to protect the confidentiality of your log-in information for your account and will not share it with any other person. You will be entirely responsible for the conduct of any person using the Services or accessing your account through use of your log-in information.

Your Content 

“Content” means information (including biographical information), data, text, photographs, videos, music, audio clips, written comments, feedback, suggestions, reviews, questions, drawings, software, scripts, graphics, features, and other material provided, transmitted or otherwise made available on or through any of the Services by Kitchenery, you, other users of the Services, Kitchenery’s licensors or other third parties.

You are solely responsible for all Content, including all Personal Data, that you email, upload, post or otherwise transmit through the Services (“Your Content”). Except as expressly set forth below, the following licenses do not apply to your Personal Data and use of your Personal Data is governed by the Privacy Policy. 

  • You hereby grant Kitchenery and its affiliates, licensees, successors and assigns an irrevocable, fully paid-up, royalty-free, perpetual, transferable, sublicensable, nonexclusive, worldwide license to use, reproduce, publish, distribute, adapt, create derivative works from, modify, publish, publicly perform, and display Your Content (in whole or in part), whether alone or incorporated in or with other content and materials, in any and all media now known or hereafter devised, for any purpose, including promotional, marketing, trade, non-commercial, or commercial purposes, without compensation or credit to you or further permission from you. Without limitation of the foregoing, Kitchenery shall be free to use any ideas, concepts or know-how contained within Your Content in any manner, including in connection with developing, modifying and marketing our products and services. You hereby authorize Kitchenery to execute any document or take any action Kitchenery may consider      appropriate in order to confirm the rights granted by you to Kitchenery in these Terms of Use. 
  • You hereby grant Kitchenery and its affiliates, licensees, successors and assigns the right to use your name, voice, likeness (including photographs) and other Personal Data to the extent that such information is contained Your Content, solely in connection with our use of Your Content and subject to our compliance with the Privacy Policy.
  • You hereby permit all users of the Services to access, display, view, store and reproduce for their personal use any of Your Content, including any Personal Data contained therein, made available by you through any blog, personal or group page, chat room, message board, or similar activity made available through the Services where you can communicate with other users of the Services or post Content (a “Community Area”). 
  • You hereby grant to us the right to pursue before any appropriate forum any person or entity that violates Kitchenery’s or your rights under any applicable law in Your Content.
  • If, under any applicable law, it is determined that you retain moral rights in any of Your Content, you hereby agree that: (a) you will not require that you be credited in connection with the use of Your Content; (b) you will not oppose the publication, use, modification or deletion of Your Content in accordance with these Terms of Use; and (c) you waive and will not claim or assert any entitlement to any moral rights in any of Your Content, to the extent permissible under applicable law.
  • Except as set forth in this Section, as between you and Kitchenery, you retain any and all ownership rights that may exist in Your Content.

You acknowledge and agree that Kitchenery is not obligated to use Your Content. Kitchenery may use or choose not to use Your Content in our sole discretion and may alter, adapt, edit, delete, reject, refuse to post and remove Your Content from the Services at any time. We are not responsible for maintaining a copy of any Content we remove from the Services, and we are not liable for any loss you incur in the event that any of Your Content has been removed. 

Content and Community Areas

All statements and/or opinions expressed in Content made available on or through the Services by any party, other than in Content provided by us, are solely the opinions of such party and such party has sole responsibility for that Content. We are not responsible or liable to you or any third party for any Content made available on or through the Services by any third party, including its accuracy. You understand that by using the Community Areas, you may be exposed to Content that you find offensive or objectionable and that we may not be able to confirm the identity of other users or prevent them from acting under false pretenses or in a manner that infringes the rights of any person. KITCHENERY RESERVES THE RIGHT, BUT DOES NOT HAVE ANY OBLIGATION TO, MONITOR, PRESCREEN, REMOVE, BLOCK, EDIT OR MODIFY ANY CONTENT AT ANY TIME, WITHOUT NOTICE TO YOU AND FOR ANY REASON.

You acknowledge and agree that all Content made available through the Community Areas are public and not private communications. Kitchenery is not subject to any obligation of confidentiality with respect to Your Content except as set forth in the Privacy Policy or as required by applicable laws. Kitchenery reserves the right to access, read, preserve and disclose any Content and to disclose the Content provider’s identity as we reasonably believe necessary to: (a) satisfy any applicable law, regulation, legal process or governmental request; (b) enforce these Terms of Use, including investigating potential violations hereof; (c) detect, prevent or otherwise address fraud, security or technical issues; (d) respond to user support requests; or (e) protect the rights, property or safety of Kitchenery, any user of the Services or the public.

Third Party Content

Any links, Content or software provided by third parties or links to third party sites are provided for convenience only, including any links, content or software contained in any advertisements and sponsored links. We have no control over the contents of any third-party sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. Kitchenery does not verify or make any representations or take responsibility for such third-party sites, including, without limitation, the truthfulness, accuracy, quality or completeness of the content, services, links displayed, or any other activities conducted on or through such third-party sites. If you decide to access any of the third-party websites linked from the Services, you do so entirely at your own risk and subject to the separate terms of use and privacy policies for such websites. We reserve the right to remove any content, links, resources or software provided on the Services at any time and for any reason.

We may provide links to the websites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant or endorse the offerings of any of these businesses or individuals or the content of their websites. Kitchenery does not assume any responsibility or liability for the actions, products or content of any of these or any other third parties unless otherwise mandatorily required by applicable laws. 

Prohibited Uses

You may use the Services only for lawful purposes and in accordance with these Terms of Use. You agree not to provide any Content or use any of the Services:

  • In any way that violates any applicable law or regulation, or that is threatening, violent, abusive, hateful, defamatory, slanderous, libelous, deceptive, fraudulent, tortious, indecent, vulgar, profane or obscene, or that Kitchenery deems in its sole discretion to be inappropriate.
  • In any manner that violates or infringes the rights of anyone else.
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personal information or otherwise.
  • To delete, damage or alter any Content or remove or modify any copyright, trademark or other proprietary rights notices from copies of Content from any Service.
  • To send, knowingly receive, upload, download, use or re-use any Content which does not comply with the content standards set out in these Terms of Use.
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
  • To impersonate or misrepresent your affiliation with any person or entity, including any user of the Services or any director, officer, employee, shareholder or representative of Kitchenery or any of our affiliates. 
  • To troll or otherwise disrupt the normal flow of dialogue or engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm us, our service providers or users of the Services or expose them to liability.

Additionally, you agree not to:

  • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content posted to a Community Area.
  • Use the Services in any manner that could disable, overburden, damage, or impair them or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services.
  • Use any robot, spider or other automatic device, process or means to access the Services for any purpose, including searching, monitoring or copying any of the material on the Services.
  • Use any manual process to monitor or copy any of the material on the Services or for any other unauthorized purpose without our prior written consent.
  • Use any device, software or routine that interferes with the proper working of the Services.
  • Reverse engineer, decompile, or disassemble, or otherwise tamper with the Services’ software or content to, among other things, create derivative works.
  • Introduce or activate any viruses, Trojan horses, worms, logic bombs or other material that is malicious, disruptive, damaging or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Services, any server on which any portion of the Services is stored, or any server, computer or database connected to the Services.
  • Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Services or otherwise violate these Terms of Use or any other guidelines or policies provided by Kitchenery.

Ownership of Intellectual Property

Except with respect to Your Content and the Content other individual users of the Services post within the Community Areas, Kitchenery and its affiliates and licensors (and each of their respective successors and assigns) own the copyrights, trademarks, service marks, and trade dress rights to all Content displayed on and from the Services (including compilations of Content and all other elements and components of the Services)(the “Intellectual Property”). This Intellectual Property is protected by copyright and other laws. You may not reproduce, modify, create derivative works from, display, frame, perform, publish, distribute, disseminate, transmit, broadcast or circulate any such Intellectual Property to any third party (including displaying or distributing the material using a third-party website) without Kitchenery’s prior written consent except to use the Services for their intended purposes. Kitchenery retains all rights that are not otherwise expressly granted in these Terms of Use.

Copyright Complaints  

Kitchenery respects the intellectual property of others. If you believe any materials accessible on or from the Services infringe your copyright, you may request removal of those materials (or access thereto) from the Services by submitting written notification to power@kitchenery.us. The written notice must include substantially the following:

  • Your physical or electronic signature.
  • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
  • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
  • Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
  • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
  • A statement that the information in the written notice is accurate.
  • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
  • If you fail to comply with all of the requirements above mentioned, your notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees).

Reliance on Information Posted

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other user of the Services, or by anyone who may be informed of any of their contents.

The information contained on the Kitchenery Website has been prepared to assist interested Website visitors, viewers and parties and does not purport to be all-inclusive, or to contain all of the information that recipients may desire. In all cases, interested parties should conduct their own investigations and analyses of Kitchenery and of the data presented on the Kitchenery Website. Kitchenery believes the information presented is accurate, but has not independently verified all such information, and Kitchenery and its affiliates and representatives do not make any representation or warranty (expressed or implied) as to the accuracy or completeness of the information contained in the Kitchenery Website, and such parties and entities expressly disclaim all liability based on, or relating to, any representations or warranties contained in, or errors or omissions from, the Kitchenery Website or any other written or oral communications transmitted to the recipient, or any of its affiliates or representatives.

The Kitchenery Website may include, expressly or implicitly, forward-looking statements, product pricing or projections including information in relation to financial performance and possible investments. Recipient is reminded that forward looking statements involve known and unknown risks, uncertainties and/or other risk factors that may cause the actual results, performance or achievements of the transactions contemplated in the Kitchenery Website to be materially different from any future results, performance or achievements expressed or implied in this document and that they reflect the reasonable beliefs of Kitchenery as of the date hereof as to future events, but are not guarantees of future performance. Such forward-looking statements are based on numerous assumptions regarding the business and strategies described or contemplated in the Kitchenery Website and do not give any assurance that forward looking statements made herein will be realized.

Nothing contained in the Kitchenery Website constitutes an offer to sell or buy a security, or any solicitation of such an offer. Any investment or potential transaction described or contemplated in connection with the Kitchenery Website constitutes is subject to legal and regulatory requirements applicable in the jurisdiction where the recipient(s) are resident and with which such recipient(s) shall be solely responsible for complying. Nothing contained in the Kitchenery Website constitutes investment advice or product purchase advise, and information contained herein should not be solely relied upon when making investment decisions or product purchase decisions.

Children

The Services are not directed to children under the age of 13. We do not seek to, nor do we knowingly collect, information from children. If a child has provided us with Personal Data, a parent or guardian of that child may contact us to have the information deleted from our records. To do so, contact Kitchenery through the information provided in the “Contact Information” section below.

Changes to the Services

We reserve the right to withdraw or change any of the Services and any services or materials provided or accessible via the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of any Service is unavailable at any time or for any period. The Services’ Content is not necessarily complete or up-to-date. Notwithstanding anything to the contrary, Content on the Services may be out of date at any given time, and we are under no obligation to update it.

Linking to the Website and Social Media Features

You may link to the homepage of the 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.

The Services may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain Content.
  • Send e-mails or other communications with certain Content or links to certain Content.
  • Cause limited portions of Content 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 solely with respect to the Content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you.
  • Cause any Service or any portion of any Service to be displayed or appear to be displayed (by, for example, framing, deep linking or in-line linking) on any other site.
  • Link to any part of any Service other than the homepage of the Website or the download page for the App.
  • Retransmit Content or make it available via frames or in-line links.
  • Otherwise take any action with respect to Content that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain Content accessible, must comply in all respects with the content standards set out in these Terms of Use or that may otherwise be provided by us from time to time.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice at our discretion.

Disclaimer of Warranties and Limitation of Liability

You understand that we cannot and do not guarantee or warrant that Content available for downloading from the internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Services for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, MOBILE DEVICE, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF ANY OF THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THEM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON ANY SERVICE, OR ON ANY WEBSITE LINKED TO ANY SERVICE.

YOUR USE OF THE SERVICES, THE CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THEM IS AT YOUR OWN RISK. THE SERVICES, THE CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THEM WARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER KITCHENERY NOR ANY PERSON ASSOCIATED WITH KITCHENERY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SERVICES OR THEIR CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER KITCHENERY NOR ANYONE ASSOCIATED WITH KITCHENERY REPRESENTS OR WARRANTS THAT ANY SERVICE OR CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

IN NO EVENT WILL WE, OUR AFFILIATES OR OUR OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO OR FROM THEM, ANY CONTENT OR ANY WEBSITES, SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTY OR LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to indemnify and hold harmless Kitchenery, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use or misuse of the Services, including, but not limited to, any use of the Content, services and products made available through the Services other than as expressly authorized in these Terms of Use. You shall cooperate fully as reasonably required in the defense of any such claim.

Suspension and Termination

Kitchenery may suspend or terminate your access to all or any part of the Services at any time and for any or no reason, including for violation of these Terms of Use. In the event of termination, you are no longer authorized to use or access the Services, and you shall have no recourse and Kitchenery shall have no liability as a result of any such termination. All provisions of these Terms of Use relating to warranties, indemnities, confidentiality obligations, proprietary rights, and limitation of liability shall remain effective despite such termination.

Governing Law and Jurisdiction

Your access to and use of the Services and all matters relating to these Terms of Use, the Privacy Policy and the App Terms, including any dispute or claim arising therefrom or related thereto (including non-contractual disputes or claims), is governed by the laws of the State of Florida, U.S.A., without regard to its conflict of laws provisions. Except as set forth in the Arbitration Agreement, the state courts of Florida and federal courts sitting in the Middle District of Florida have exclusive jurisdiction to determine any dispute arising under or relating to the Services these Terms of Use, the App Terms or the Privacy Policy.

Waiver and Severability  

No waiver of by Kitchenery of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Kitchenery to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use 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 of Use will continue in full force and effect.

Entire Agreement

The Terms of Use, the Privacy Policy and the App Terms constitute the sole and entire agreement between you and Kitchenery with respect to your use of the Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Services. If you preorder or purchase a appliance or conduct other transactions with us, additional agreements may apply.

Contact Information

We welcome your comments or questions about these Terms of Use at power@kitchenery.us.