LAST UPDATE: JUNE 13, 2023
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”)
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.
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.
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.
- 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 agree to notify us immediately of any change in the above information.
“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 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.
- 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.
Third Party Content
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.
- 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 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.
Ownership of Intellectual Property
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 firstname.lastname@example.org. 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.
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.
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.
Suspension and Termination
Governing Law and Jurisdiction
Waiver and Severability